Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 774 - AT - Income TaxCIT-A admitting additional evidence during the appellate proceedings - cash deposit in the bank account - Addition u/s 69A - unexplained sale proceeds and applying a GP rate of 24% - CIT(A) has restricted the addition made by the AO towards the credit in the current account to the GP rate at 24% which was declared by the assessee on the disclosed turnover - HELD THAT:- The assessee first time produced these evidences in support of the source of deposits in the current account and saving bank account. Though, the CIT(A) called for a remand report from the AO however, the AO in his report dated 13.8.2019 has objected to the admission of the additional evidence / documents, facts and grounds and consequently pleaded that the same should not be entertained. CIT(A) without asking the AO to submit a remand report based on the verification and examination of the said evidence has passed the impugned order. Therefore, we are of the considered opinion that the evidence produced by the assessee first time before the CIT(A) is required to be verified and examined at the level of AO. Hence, the impugned order of the CIT(A) is set aside and the matter is remanded to the record of the AO for adjudication of the same afresh after proper verification and examination of the evidence and details produced by the assessee before the CIT(A). Appeal of the Department is allowed for statistical purpose.
|