2016 (11) TMI 892

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..... eld the assessment order. The Tribunal, however, found that certain other documents especially a balance-sheet of 31.03.2005 ought to be considered and a fresh order ought to be passed thereafter. The Tribunal noted that the balance-sheet was already a part of the record of the revenue as it pertained to the earlier assessment year. There is no ground for interfering with the discretion exercis .....

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..... e entries therein in the sum of ₹ 96 lacs remained to be explained and that the amount was therefore, rightly added to the assessee's income. The CIT(Appeals) upheld the assessment order. The Tribunal, however, found that certain other documents especially a balance-sheet of 31.03.2005 ought to be considered and a fresh order ought to be passed thereafter. The Tribunal noted that the bal .....

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..... sive there would have been no question of remanding the matter. Even the finding that the assessee had prima facie explained the addition made by the Assessing Officer is precisely that prima facie. If upon a consideration of all other facts and circumstances, the Assessing Officer finds that the addition ought to be made, he is always at liberty to do so. 6. The grievance that the order direct .....

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