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TMI Blog2013 (1) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... travention to the statutory procedure laid down in Rule -46A without recording reasons that the assessee was prevented by sufficient cause from filing a return of income and other evidence before the Assessing Officer." 2)" The Ld. CIT(A) erred on the facts and in circumstances and in Law in admitting additional evidences adduced by the assessee without giving a clear finding that the rigorous tests laid down in Rule 46A (1) were in the case." 3) "The Ld. CIT(A) erred on the facts and in circumstances and in Law in ignoring the fact that sufficient opportunity had been given to the assessee and this fact was reiterated in the remand report by the Assessing Officer before proceeding to admit additional evidence which amounted to a fresh as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. The additions made by the AO during the years under consideration were as under: A.Y.2002-03 Addition on account of opening capital ₹ 6,34,487/- A.Y.2003-04 Undisclosed income on account of flat purchased ₹ 4,76,000/- A.Y 2004-05 Unacounted money credited in bank accounts Rs.30,49,345/- A.Y. 2005-06 Unaccounted money credited in bank accounts Rs.70,70,910/- A.Y. 2006-07 Unaccounted money credited in bank accounts ₹ 15,93,39,443/- Investment in mutual funds ₹ 12,00,000/- Rs.16,05,39,443/- A.Y.2007-08 (i) Credit balances ₹ 6,33,00,000/- (ii) Cash transaction as per AIR information ₹ 74,41,900/- (iii) Profit/loss in share trading (-) ₹ 2,18,406/- (iv) Unaccounted money credited in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by the assessee, the undersigned is the opinion that, the assessee had failed to furnish particulars during the course o assessment proceedings even though sufficient opportunity was given before passing the ex-parte assessment order U/S 144. However, in the interests of natural justice, the additional evidences may be admitted as the assessee could not file these evidences during the course of the assessment proceedings. The additional evidences filed by the assessee were examined by calling further explanation from the assessee. Assessment year-wise comments are offered as below: Ld. CIT(A) has also passed a speaking order for admission of the additional evidences and his order is contained in para 3.3 which reads as under: During ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) with regard to aforementioned appeals should be set aside and that of AO be restored. 7. We have carefully considered the submissions of Ld. CIT-DR and we have also carefully gone through the orders of AO as well as Ld. CIT(A). The AO himself has mentioned that in the interest of natural justice the additional evidences may be admitted as the assessee could not file these evidences during the course of assessment proceedings. Thus we cannot say that assessee was not prevented by reasonable cause for furnishing all these evidences before AO during the course of assessment proceedings as the reasons stated by the assessee for not producing these evidences was that AO in the remand report did not supply the relevant seized material upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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