TMI Blog2019 (5) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... uction of the said witness Mr.Bhuma Ramakrishna Reddy. Allow verification of entries in Bank Statement in this regard, we are of the considered opinion that it would be appropriate and in the interest of justice to remit the matter back to the learned Commissioner of Income Tax (Appeals), who may examine the said witness at his own level and return the findings in this regard. - Tax Case Appeal No.186 of 2019 - - - Dated:- 5-3-2019 - Dr. Justice Vineet Kothari And Mr. Justice C.V.Karthikeyan For the Appellant : Mrs.J.Sreevidya for M/s.Arun Kurian Joseph For the Respondent : Mr.T.Ravikumar, Senior Standing Counsel JUDGMENT DR.VINEET KOTHARI, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an NRI, who maintained a Bank Account with ICICI Bank and it is from such Bank Account only the advances were made to the Assessee, but, since the Assessee could not produce the said Bhuma Ramakrishna Reddy, an adverse inference was drawn by the Commissioner of Income Tax (Appeals) and additions made by the Assessing Officer were confirmed. 3. Mrs.J.Sreevidya, the learned counsel appearing for the Assessee has urged before us that the said person could not be produced as he was travelling out of India most of the times and though the Bank Account details were submitted before the Commissioner of Income Tax (Appeals) for the first time, the Assessee may be given one more opportunity to produce the said person himself so that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stions. Moreover the A.R. did not file any confirmation letter from Mr.Bhuma Ramakrishna Reddy. 7. The Tribunal also confirmed the said findings with the following observation:- 12. We have considered the rival contentions and perused the orders of the authorities below. Learned Commissioner of Income Tax (Appeals) had given a clearly finding that bank account Shri.Bhuma Ramakrishna Reddy with ICICI was not an NRI account. Assessee had failed to file any confirmation from Shri.Bhuma Ramakrishna Reddy. Assessee also could not give any details on the whereabouts of Shri.Bhuma Ramakrishna Reddy. In such circumstances, we are of the opinion that the addition was rightly m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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