TMI Blog2014 (9) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... investment in the landed property, expenditure like marriage, personal drawings, payments on insurance policy, etc. The assessee filed an application for admission of additional evidence seeking permission of the Tribunal on the ground that two hectares and 20.96 Are land was purchased and it was cultivated. The income from agriculture is also available with the assessee for investment in the landed property for meeting the expenditure for marriage and payment on LIC policy. Tribunal is of the considered opinion that both the authorities below had no occasion to examine the land holdings of the assessee and the cultivation said to be made by the assessee and the possible income that would have been generated from cultivation. Incometax p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Smt. Latha V Kumar ORDER Per: N R S Ganesan: All the appeals of the assessee are directed against the respective order of CIT(A) for the assessment years 2005-06 to 2008-09. Since common issue arises for consideration, we heard all the appeals together and are disposed of by this common order. 2. Shri Sivdas Chetoor, the ld.representative for the assessee submitted that the assessee is a wholesale dealer in vegetables and fruits. A survey was conducted u/s 133A on 17-01-2008 in the premises of the assessee. According to the ld.representative for the assessee, during the assessment year 2005-06 the assessee invested an amount of ₹ 1,06,500 on purchase of land. The assessing officer also found that the assessee has inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity was not given, according to the ld.representative, the income from agriculture could not be explained before the assessing officer. Therefore, according to the ld.representative, an opportunity may be given to the assessee to explain the source for making the investment and for the personal expenditure that was estimated by the assessing officer. 4. On the contrary, Smt. Latha V Kumar, the ld.DR submitted that the assessment orders were passed on 31-12-2010 and the first appellate authority passed the orders on 30-12-2013. The assessee had more than three years. However, no material was produced even before the CIT(A). Therefore, it may not be correct to say that the assessee had no opportunity to explain the source of income. The ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has to explain the source for making investment in the landed property, expenditure like marriage, personal drawings, payments on insurance policy, etc. The assessee filed an application for admission of additional evidence seeking permission of the Tribunal on the ground that two hectares and 20.96 Are land was purchased and it was cultivated. The income from agriculture is also available with the assessee for investment in the landed property for meeting the expenditure for marriage and payment on LIC policy. From the affidavit filed by the assessee it appears that the assessee purchased agricultural land on 03-08-1998, 07-04-1999 and 10-01-2005. Therefore, it is necessary to find out whether the assessee cultivated the above said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cality may not be in the interest of justice. Giving one more opportunity to the assessee may not prejudice the interest of the revenue in any way. This Tribunal is of the considered opinion that giving one more opportunity to the assessee to produce the material before the assessing officer would definitely promote the cause of justice. The assessing officer can examine the documents now filed before the Tribunal as additional evidence on merit and assess the taxable income under the provisions of the Act. This Tribunal is of the considered opinion that the additional evidence filed by the assessee has to be examined by the assessing officer at the first instance. Accordingly, the orders of the lower authorities are set aside and the entir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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