2021 (10) TMI 947 - AT - Income Tax

Assessment u/s 153A - Application for admission of additional evidences - assessee s contentions that no opportunity was given to the assessee for explaining the source of investments and before CIT(A) also assessee could not place on record necessary evidences as the assessee was of the view that the ratio of the decision in the case of Kabul Chawla 2015 (9) TMI 80 - DELHI HIGH COURT would be applicable - HELD THAT - Considering the totality of the facts that no opportunity was given to the assessee by the AO for explaining the source of investments, we are of the view that in the interest of justice one more opportunity be granted to the assessee to place on record the necessary evidences to support her case. We therefore admit the additional evidence and restore the additional evidence to the file of AO to examine the same and thereafter decide the issue on merits in accordance with law. Needless to state that AO shall grant adequate opportunity of hearing to the assessee. Since we are restoring the issue to the file of AO, the other grounds raised by the assessee and the grounds raised by Revenue are not being adjudicated at present and the same are also remitted to AO - Grounds of Revenue and assessee are allowed for statistical purposes.

Summary

Issues:
Cross appeals by assessee and Revenue against the Commissioner of Income Tax (A)'s order for Assessment Year 2012-13.

Assessee's Appeal:
The assessee, an individual with various income sources, filed a return for A.Y. 2012-13, which was processed under section 143(1) of the Act. Subsequently, a search and seizure operation was conducted under section 132 of the Act in SRM group of cases, including the assessee. The assessment was framed under section 153A/144 of the Act, determining the total income at a higher amount. The CIT(A) granted partial relief to the assessee, leading to appeals by both the assessee and Revenue. The assessee raised grounds challenging the legality of the CIT(A)'s order, the addition made by the AO regarding renovation expenses, and sought to admit additional evidence. The Tribunal allowed the admission of additional evidence, remitted the issue back to the AO for further examination, and granted the assessee an opportunity to present necessary evidence. The other grounds raised by both parties were not adjudicated, and the appeals were allowed for statistical purposes.

Revenue's Appeal:
The Revenue raised grounds disputing the CIT(A)'s deletions of additions made by the assessing officer regarding commission income, rental income, and short-term capital gain. The Revenue also contested the CIT(A)'s reliance on a particular decision and interpretation of section 153A of the Act. The Tribunal did not address these grounds as the issue was remitted back to the AO for further examination. The appeals by both the assessee and Revenue were allowed for statistical purposes.

This judgment primarily focused on the admission of additional evidence by the assessee in response to the AO's addition related to renovation expenses, providing the assessee with an opportunity to present necessary evidence. The Tribunal remitted the issue back to the AO for further examination, granting the assessee a fair chance to substantiate their case. The other grounds raised by both parties were not addressed, and the appeals were allowed for statistical purposes.