9911796707
TMI Blog2018 (8) TMI 1320X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act') came to be issued on 30.03.2015 to the assessee on the ground that he had spent an amount of Rs. 58,77,000/- in the marriage of his daughter while income return filed by him was only of Rs. 1,05,850/-. The assessee filed its reply dated 27.04.2015 stating that original return may be treated to be his return filed in response to notice under Section 148 of the Act. In the assessment order passed by the Income Tax Officer, Ward-1(1), Alwar (for short 'the ITO') on 08.03.2016, addition of Rs. 58,02,000/-was made on account of unexplained marriage expenses. The ITO also noted that the assessee had received an amount of Rs. 30,00,000/- as advance against land and an amount of Rs. 41,52,255/- as unsecured loans. Thus, total of Rs. 71,52,2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and the fact that money had been received from banking channels was not enough to discharge initial onus cast upon the assesee. Mr. Dileep Shivpuri, learned counsel for the appellant argued that the ITAT erred in confirming the addition of Rs. 11,10,000/- doubting the explanation of the assessee that the source of the amount was a gold brick given to the assessee's wife by her father-in-law, which was utilised to meet the expenses of the marriage. The occasion being the marriage of their daughter, the assessee's wife was also the parent of their daughter and had the social obligation to share in the expenses of her daughter's marriage. It is argued that the assessee had filed an affidavit to confirm the source of the amount of Rs. 11,1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any bearing on the matter. Having heard learned counsel for the parties and perused the material on record and considering the fact that sale deed (Annexure-4) and its confirmation letter pertain to the relevant period showing sale of the property by the assessee to M/s. City Star Hospitality Pvt. Ltd., we deem it appropriate to set aside the judgment passed by the ITAT and remit the matter back to ITAT to examine the same afresh in the light of aforesaid documents and pass fresh judgment in the appeal in accordance with law. In view of above, present appeal is disposed of. Impugned judgment dated 14.11.2017 passed by the ITAT is set aside and the matter is remitted back to the ITAT to examine the matter afresh in the light of aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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