2019 (4) TMI 1935 - AT - Income Tax

Addition u/s 68 and addition u/s 80C - assessee filed details of debtor Shri Abhay Kumar Pandey such as PAN and confirmation and the assessee also filed evidences towards payment of LIC which were not admitted by the CIT(A) on the ground that they were fresh evidences which were not filed before the AO and therefore could not be entertained by him - HELD THAT - We set aside the order of the CIT(A) and remand the matter back to his file for adjudicating the issues involved in the appeal after taking into consideration the fresh evidence which were not filed by the assessee before the AO. Thus, the grounds of appeal of the assessee is allowed for the statistical purposes.

Summary

Issues:
1. Confirmation of addition by CIT(A) of ?7,45,118/- u/s 68 of the Act.
2. Addition of ?11,184/- u/s 80C of the Act.

Analysis:
1. The appeal addressed two primary issues raised by the assessee. The first issue pertained to the confirmation of addition by the CIT(A) of ?7,45,118/- under section 68 of the Act. During the hearing, the Ld. AR of the Assessee highlighted that specific details regarding the debtor Shri Abhay Kumar Pandey, including PAN and confirmation, were submitted. Additionally, evidence of payment towards LIC was also presented. However, the CIT(A) rejected these evidences as fresh, not previously filed before the Assessing Officer (AO). The Ld. AR argued for setting aside the CIT(A)'s order and remanding the matter for reconsideration, emphasizing the importance of the new evidence in the appeal process.

2. The second issue involved an addition of ?11,184/- under section 80C of the Act. The Ld. DR did not oppose remanding the matter to the CIT(A) for further evaluation considering the fresh evidences provided by the assessee. Consequently, the ITAT Delhi decided to set aside the CIT(A)'s order and remand the case back for a thorough review of the issues raised in the appeal, taking into account the new evidence that was not originally submitted before the AO. The grounds of appeal by the assessee were allowed for statistical purposes, leading to the conclusion that the appeal was allowed for such purposes.

In summary, the judgment by the ITAT Delhi focused on addressing the issues raised by the assessee regarding additions made under sections 68 and 80C of the Income Tax Act. The decision to remand the matter back to the CIT(A) for reconsideration based on the fresh evidence presented during the appeal process signifies the importance of a comprehensive review of all relevant materials in tax assessment cases.