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TMI Blog2019 (8) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act, 1961 (in short 'the Act'). 2. Shri S. Sridhar, represented on behalf of the assessee and Shri Clement Ramesh Kumar, represented on behalf of the Revenue. 3. It was submitted by the Ld.AR, that the assessee is a Doctor and in the course of assessment, the Assessing Officer had noticed that the assessee had introduced additional capital to an extent of Rs. 26,43,128/- in the balance sheet for the year ended 31.03.2008. On the ground that the assessee was unable to explain the source for the additional capital introduced, the Assessing Officer had added the same to the total income of the assessee. Similarly, on the ground that the assessee was unable to prove the genuineness of the expenditure claimed towards consultancy cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be a ground for levying penalty. 4. In reply, the Ld.DR submitted that the assessee has not given any details in respect of the capital introduced and the expenses in respect of the consultancy charges either in the course of assessment proceedings or in the course of penalty proceedings. It was the submission that without the details have been produced nor proper explanations have been given in respect of the additions, the penalty levied was not liable to be cancelled. 5. We have considered the rival submissions. A perusal of the decision of the Hon'ble Jurisdictional High Court of Madras in the case of Shri Kamal Basha, shows that in Para 15, the Hon'ble High Court has categorically given a finding that "there was no allegation made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal has also categorically given a finding that the assessee has not produced any evidence in support of her claim. This being so, even the decision of the Hon'ble Bombay High Court in the case of Nayan Builders and Developers referred to, supra, cannot be applied in so far as the very facts that have led to the addition are not being explained by the assessee. However, considering the fact that the assessee has asked for another opportunity to explain her case before the Assessing Officer, in the interest of justice, the issues in the appeal are restored to the file of the Assessing Officer for re-adjudication of the penalty proceedings after granting the assessee adequate opportunity of being heard. The assessee shall provide al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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