TMI Blog2018 (10) TMI 1026X X X X Extracts X X X X X X X X Extracts X X X X ..... rved by admitting the additional evidence in the form of documents, i.e. copies of gift deed dt.19.2.2014 and IT Returns for Assessment Year 2014-15 & 2015-16, since they are necessary and relevant and could go to the root of the matter for proper adjudication of this issue. We admit the additional evidence as laid out above - restore the matter to the file of AO. Disallowance of payment of Advance Tax - Held that:- On an appreciation of the facts on record, as find that NIL Advance Tax was paid by the assessee in the year under consideration, as is reflected in the assessee's Income Tax Return for Assessment Year 2015-16. Therefore, find merit in the Assessing Officer’s view that no Advance Tax of ₹ 1 lac was paid by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... course of which it was noticed that the assessee and her son had jointly invested in the purchase and renovation of a building to be used as a convention hall. The difference in the purchase consideration for building and investment made in renovation for building was admitted to be ₹ 46,25,000; 50% of which was offered as additional income in the assessee hands in the year under consideration. The assessee filed her return of income for Assessment Year 2015-16 on 22.09.2016 declaring income of (-)Rs.4,95,076; only after issue of notices by the Assessing Officer calling upon the assessee to file the same. It was noted that the assessee had not included the additional income of ₹ 23,12,500, admitted in the course of survey, in he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations. The Hon'ble Court also explained that a litigant does not stand to benefit by lodging the appeal late and that the expression every day s delay must be explained does not mean that a pedantic approach should be taken. The doctrine should be applied in a rational, common sense and pragmatic manner. 4.2 Taking into account the account the aforesaid principles laid down by the Hon'ble Apex Court and after careful consideration of the submissions / reasons put forth by the assessee in the Affidavit, I am of the considered opinion that there was sufficient and reasonable cause for the delay of 65 days in filing this appeal, as even if the said delay is condoned, no loss would be caused to Revenue, as legitimate taxes payable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod under consideration, the assessee had credited a sum of ₹ 8 lakhs in her Capital Account, with the narration Gift from C.I. Indudhara (spouse) . On being required by the Assessing Officer to file details such as copies of gift deed, copy of return of income and financial statements, etc of the donor, the assessee failed to do so. In the absence of details / proof of having received the gift, the said sum amounting to ₹ 8 lakhs was held to be an unexplained credit and brought to tax in the assessee's hands. On appeal also, the learned CIT(Appeals) dismissed the assessee's ground observing Before me also, no evidences on materials are produced in support of their claims. 5.3.1 In respect of this ground, the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file of the Assessing Officer; the matter of the examination of the veracity of the assessee's claim that the credit of ₹ 8 lakhs in her Capital Account is really a gift received from her husband. Needless to add, the assessee shall be afforded adequate opportunity of being heard in the matter and to file details / submissions required, which shall be duly considered before deciding the issue by way of a speaking and reasoned order. Consequently, Ground No.1 of the assessee's appeal is allowed for statistical purposes. 6. Ground No.2 Advance Tax Added ₹ 1 lakh . 6.1 in this ground, the assessee assails the orders of the authorities below in making / confirming disallowance of ₹ 1 lac on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circumstances of the case, as discussed above, I find no merit in this ground raised by the assessee and accordingly dismiss the same. 7. Ground No.3 Charging of interest u/s.234A, 234B 234D of the Act . In these grounds, the assessee denies itself liable to be charged interest under Section 234A, 234B 234D of the Act. The charging of interest is consequential and mandatory and the Assessing Officer has no discretion in the matter. This proposition has been upheld by the Hon'ble Apex Court in the case of Anjum H Ghaswala (252 ITR 1) (SC) and we therefore uphold the action of the Assessing Officer in charging the said interest in the case on hand. The Assessing Officer is, however, directed to recompute the interest cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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