TMI Blog2020 (10) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee of being heard. Also hereby direct the Ld. AO to examine the actual transactions made by the assessee with an open mind ignoring the silly mistakes committed in the books of accounts of the assessee, as it appears from the facts of the case that the additions made by the Ld. AO for ₹ 1,09,19,900/- u/s. 68 of the Act may not be warranted because the cash brought into the books of the assessee appears to be the amount paid to Mr. Sabzan who is the construction mistry for constructing the Hospital of the assessee, sourced from the bank loan obtained by the assessee. As far as the addition u/s. 68 for ₹ 61,42,389/- is concerned, the issue requires proper verification. - Decided in favour of revenue for statistical p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 68 of the Act, without obtaining remand report from the Ld. AO with respect to the additional evidence filed by the assessee. 3. The brief facts of the case are that the assessee is an individual engaged in medical profession as Gynaecological Doctor and proprietrix of Lotus Hospitals, filed her return of income for the relevant AY on 30/09/2015 declaring a loss of ₹ 41 lakhs. Subsequently, the case of the assessee was taken up for scrutiny under CASS and the assessment was completed by the Ld. AO vide order dated 30/12/2017 U/s. 143(3) of the Act wherein the L. AO made addition of ₹ 1,09,19,900/- and ₹ 61,42,389/- aggregating to ₹ 1,70,62,289/- U/s. 68 of the Act. Ground No.(i): Addition of ₹ 1,09,19,9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrongly passed by the assessee in her books of accounts which led to the confusion whereby the Ld. AO had erroneously treated the amount of ₹ 1,09,19,900/- as the undisclosed income of the assessee. Therefore, he deleted the addition made by the Ld. AO for ₹ 1,09,19,900/- U/s. 68 of the Act. Ground No.(ii): Addition of ₹ 61,42,389/- U/s. 68 of the Act. 5. It was further observed by the Ld. AO that during the relevant AY the assessee has received cash on various dates from various parties aggregating to ₹ 61,42,389/-. On query, it was explained that the assessee had extended loan to various parties aggregating to ₹ 1,01,50,000/- and the same was partially returned during the relevant AY. Since the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter based on the additional evidence filed by assessee without obtaining remand report from Ld.AO which is not in accordance with rule 47A of the Rules. Therefore, in the interest of justice, We hereby remit the matter back to the file of the Ld. AO with directions to admit and examine any evidence filed by the assessee in support of her claim even if it is for the first time and thereafter decide the matter in accordance with law and merits after affording proper opportunity to the assessee of being heard. We also hereby direct the assessee to promptly co-operate before the Ld. Revenue Authorities in their proceedings and also explain the transactions vividly in order to avoid further inconvenience as it appears that on the earlier o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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