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TMI Blog2014 (8) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... ot found to be sustainable revenue could not point out any fact emerging out of order that any additional evidence was admitted and considered by the CIT(A) in contravention of Rule 46A of the Income Tax Rules, 1962 without affording due opportunity to rebut the same and examining and verifying the same for the AO – Decided against Revenue. - I.T.A.No.5273/Del/2011, C.O. No. 5/Del/2012 - - - Dated:- 7-8-2014 - Shri S. V. Mehrotra And Shri Chandra Mohan Garg,JJ. For the Appellant : Shri Satpal Singh, Sr.DR For the Respondent : None ORDER Per Chandra Mohan Garg, Judicial Member This appeal by the revenue as well as CO of the assessee have been preferred against the order of the CIT(A)-XXX, New Delhi dated 30.09.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has failed to prove the genuineness of the purported jewellery sale transactions and the AO added the amount of ₹ 10 lakh to the total income of the assessee under the head income from other sources . 4. Being aggrieved by the above assessment order, the assessee preferred an appeal before the CIT(A) which was partly allowed on the issue of impugned addition made by the AO accepting the written submissions and explanations of the assessee in this regard. Now, the aggrieved revenue is before this Tribunal with the grounds as reproduced hereinabove. The assessee has also filed Cross Objection to support his case. 5. When the cases were called for hearing, neither the assessee nor his representative appeared before us despite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... findings and conclusion:- 6.8 The order of the A.O, and the written submission of the appellant and argument of the AR have been considered. There is no doubt as to the fact that a close nexus existed between the receipt of money into the bank account and immediate transfer of the amount to the account of the mother on the same date. The bank statement was examined and the fact is evident from the statement itself. The Assessee stand is correct on this account as the transaction happened on the very same date. The assessee has also produced confirmations from the parties to whom jewellery was sold and in view of that the transactions entered are held to be genuine. In the case of outstationed parties for enquiry, the AO should have tak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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