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2017 (1) TMI 617

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..... nsidered view that the additional evidences filed before the Ld. CIT(A) needs to be thoroughly examined at the level of the AO. Therefore, we set aside the issues in dispute to the file of the AO for fresh consideration, after thoroughly examining the additional evidences filed by the assessee before the Ld. CIT(A). As a result, the appeal filed by the Revenue stands allowed for statistical purposes. - I.T.A. No.1850/DEL/2014, C.O. NO.143/DEL/2016 - - - Dated:- 9-1-2017 - SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER FOR THE Revenue : Sh. Umesh Chand Dubey, Sr. DR For The Assessee : D r. Rakesh Gupta, Sh. Somil Agarwal and Sh. Tarun Kumar, Adv. ORDER PER H.S. SIDHU : JM The Revenue has filed the Appeal and Assessee has filed the Cross Objection against the Order dated 23.12.2013 of the Ld. CIT(A)-XXVI, New Delhi relevant to assessment year 2009-10. 2. The grounds raised in the Revenue s Appeal read as under:- 1. On the facts and circumstances of the case, the Ld. CIT(A) has erred in facts and in law by admitting the additional evidences during the appellate proceedings under Rule 46A despite the fact that none of .....

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..... te Bank of India, Sansad Marg, New Delhi. Assessee was asked to explain the same and in response to the query raised by the AO, the Assessee has explained the deposit of this amount as under:- ₹ 25,50,807/- withdrawal of cash ₹ 34,00,000/- sale of agricultural land (ancestral) ₹ 5,75,000/- Agricultural income 4.1 As per the assessment order the assessee has not filed any evidence supporting his explanation especially for the sale of agricultural land. Secondly, the AO also found from the Bank Statement of the assessee that mature proceeds of FDRs created to his account includes the amount of interest also which has also not been declared as income of the assessee as his income in his return of income which amounting to ₹ 2,92,799/-. Finally the AO has completed the assessment by making the addition of ₹ 58 lacs as income from undisclosed sources u/s. 69 of the I.T. Act and ₹ 2,93,691/- as income from other sources and completed the assessment u/s. 143(3) of the I.T. Act on 28.12.2011. 5. Aggrieved with the assessment order dated 28.12.2011 the assessee filed the appeal before the Ld. CIT(A) who vide his impugned order dated 23.12.2 .....

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..... sessee was a serious patient of DEMEMTIA since last 6-8 years. He further submitted that the assessee being the Legal Heir is looking after his mother and keep the sale consideration with him which later on was deposited in the bank. Since the evidence were not submitted before the AO, therefore, these evidences were filed before the Ld. CIT(A) as additional evidence which was sent to the AO for Remand Report. He requested that there is no violation of any condition of Rule 46A of the Income Tax Rules, 1962, hence, the issue raised by the Revenue in the Appeal regarding not following the condition during appellate proceedings under Rule 46A of the Income Tax Rules, 1962 may be dismissed. 9. We have heard both the parties and perused the records on the issue involved in ground no. 1 raised by the Revenue regarding the admission of additional evidence during the appellate proceedings under Rule 46A of the Income Tax Rules, 1962. For the sake of convenience, we are reproducing hereunder the Rule 46A of the Income Tax Rules, 1962 as under:- Production of additional evidence before the [Deputy Commissioner (Appeals)] [and Commissioner (Appeals)]. 46A. (1) The appellant shall not .....

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..... posit of ₹ 63,45,000/- in the State Bank of India, Sansad Marg, New Delhi. Assessee explained about the deposit that he has cash withdrawal of ₹ 25,50,807/-; ₹ 34,00,000/- from sale of agricultural land (ancestral) and ₹ 5,75,000/- from Agricultural income. But in support his contention, the assessee has not filed any evidence before the AO, in spite of the requests of the AO. Secondly, the AO has also asked the assessee about the credit of interest of FDR in his bank statement amounting to ₹ 2,92,799/- which the assessee has not shown in his return of income. No explanation has been given by the assessee in this regard before the AO and AO has no alternative except to complete the assessment as per law and hence, he completed the assessment u/s. 143(3) of the I.T. Act on 28.12.2011. Aggrieved with the order of the assessment order dated 28.12.2011, assessee filed the appeal before the Ld. CIT(A) and Ld. CIT(A) vide his impugned order vide para no. 4.1 at page no. 3 to 4 has stated that the one and only one issue involved in the present appeal i.e. regarding the deposit amounting to ₹ 58 lacs which has been taxed by the AO u/s. 69 of the I.T. Act .....

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