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2016 (1) TMI 352

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..... merit as contemplated in subrule( 3) to Rule 46A, the Learned CIT(Appeals) is precluded with his discretion for refusing to admit the additional evidence. Since the Assessing Officer in his remand report had accepted the three deposits amounting to ₹ 14,34,271 in total, the Learned CIT(Appeals) was not justified in upholding the same. The same is thus directed to be deleted. So far as the balance deposit of ₹ 3,07,011 is concerned, the explanation of the assessee remained that this amount was coming from last year debtors and it was accepted by the Assessing Officer. We find that in its remand report, the Assessing Officer had not accepted this explanation in absence of filing of address and PAN, details of debtors but the A .....

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..... (total deposits opening balance deposited in his S/B account with Axix Bank Ltd.). Since the assessee failed to explain the source of deposits, the Assessing Officer made addition of ₹ 20,19,609 under sec. 68 of the Act as unexplained credits. The Learned CIT(Appeals) has upheld the same. 4. In support of the grounds, the Learned AR submitted that assessee, an individual is engaged in the trading of plastic injections molding machines and allied products. The assessee has been suffering from sever diseases due to which he failed to coordinate with his chartered accountant and the documents could not be placed before the Assessing Officer at the time of assessment proceedings. Since the assessee was having explanation of the sourc .....

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..... T in the case of Dhanna Ram Garg vs. ITO ITA No.2216/Del/2011 (A.Y. 2006-07) order dated 12.8.2011. The Learned AR also referred page Nos. 1 to 45 of the paper book i.e. copies of remand report of the Assessing Officer dated 12.3.2012, second remand report of the Assessing Officer dated 23.5.2012, copy of reply of the assessee to the remand report dated 23.5.2012 vide letter dated 8.6.2012 with relevant annexures, an application for additional evidences furnished under Rule 46A of the Income-tax Rules, 1962 . 5. The learned Senior DR on the other hand placed reliance on the orders of the authorities below with the submission that the onus lies upon the claimant to establish genuineness of its claim to which assessee has failed to. Th .....

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..... he P.B-CIT(A) ignored this finding. Both failed to appreciate that the enquiries cannot be made in this year when the opening balance is coming out from previous year. Details were submitted Pls see 6 of CIT(A) order. 3. Cash received from staff 76,085 Details were not asked for by the A.O. however the assessee furnished before the CIT(A). 4. Loan from ING Vasya Bank 1,45,885 Accepted by the A.O. 5. Amount received from Ashok Kumar 1,50,000 Amount was received via account payee cheque. Details, such as pan card and Adhar card were submitted .....

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..... ure of the amount, however, has confirmed the addition only on the basis that the additional evidence filed has not been admitted by him. Again, in respect of cash received from debtor (Rs.3,00,711) cash received from staff advance (Rs.76,085), cash received from Shri Ashok Kumar ( ₹ 1,50,000), the Learned CIT(Appeals) has mentioned that as per the Assessing Officer no details were filed. The Learned CIT(Appeals) has, however, upheld these additions on the basis that he has not admitted the additional evidence. Regarding the cash received from the sale and maintenance (Rs.7,63,386), interest paid by Bank (Rs.901), the Learned CIT(Appeals) has mentioned that no comments have been given by the Assessing Officer. He has further noted tha .....

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..... hus find that out of the above deposits, the Assessing Officer in his remand report furnished to the Learned CIT(Appeals) after verification of the additional evidences filed, has accepted the explanation vis- -vis following additions: Addition Nature of Amount as explained by the assessee 525000 Received from sale of car 763386 Current year cash sale receipt verified by the A.O. by cash book of the assessee and that is why the A.O. has not disturbed the current year sale. 1,45,885 Loan from ING Vaisya Bank 10. The Learned CIT(Appeals) has, however, not accepted the above explanation even ignoring the remand report on the basis that the additional evidences filed by the assessee are not admissible since the reasons of sufferings with .....

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