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TMI Blog2014 (6) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... essee - being on 28.3.2006 and 29.12.2006 as per the AO and the assessee - it constitute valid grounds for non-furnishing the said details and evidences before the AO in the assessment proceedings, satisfying the condition of r.46A(c) - The CIT(A) was justified in admitting the additional evidences adduced before him by the assessee – Decided against revenue. - I.T.A. No. 1564/Mum/2013 - - - Dated:- 18-6-2014 - Shri Sanjay Arora, AM And Shri Amit Shukla,JM,JJ. For the Appellant : Shri Maurya Pratap For the Respondent : Shri R. Prasad Rao ORDER Per Sanjay Arora, A. M. This is an Appeal by the Revenue directed against the Order by the Commissioner of Income Tax (Appeals)-18, Mumbai ( CIT(A) for short) dated 20. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ements with two creditors, from whom loans for Rs. 15 lakhs had been obtained by the assessee, and which were treated as unproved and deemed as unexplained income u/s. 68 of the Act, a remand report was sought from the Assessing Officer (AO). While on merits he found the loans as genuine, he objected to the admission of the additional evidences by the ld. CIT(A) with reference to r. 46A(a) of the Rules; the assessee having been allowed extensive opportunity by him to do so. The same having been overruled by the ld. CIT(A), the Revenue is in appeal. 3. We have heard the parties, and perused the material on record. The Revenue s grievance, giving rise to the sole issue arising in the instant appeal, is the admission of additional evidences ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer s objection qua the admission of the additional evidences adduced before him, explicitly state his reasons for not considering the same as valid. It is only when such reason/s inform his order, that the same could be subject to review on a challenge to his order by either party before him. Rather, not doing so makes his order arbitrary and, thus, unsustainable in law. Though therefore while ordinarily the matter should go back to the file of the ld. CIT(A) to meet the objection/s raised by the AO, we do not think it necessary or even proper to do so in the facts and circumstances of the present case. This is as the tribunal had clearly found that the assessee s counsel had withheld all the papers on account of his differences with t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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