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TMI Blog2018 (9) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... ortunity should be given to the AO to verify the said documents which are being filed by the assessee for the first time before the Tribunal to support and substantiate his case, as find merit in this contention of the learned DR. CIT(A) on the issue under consideration is set aside and the matter is restored to the file of the AO for deciding the same afresh after giving the assessee one more opportunity to support and substantiate his case on the basis of fresh evidence. Appeal of the assessee is treated as allowed for statistical purpose. - I.T.A. No. 896/Kol/2018 - - - Dated:- 12-9-2018 - Shri P.M. Jagtap, AM For The Assessee : Shri P.C. Nayak, AR appearing For The Revenue : Shri Goutam Mondal, Addl. CIT ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade an addition of ₹ 25,00,000/- u/s 68 by treating the cash deposits found to be made in the bank account of the assessee as unexplained. 3. The addition made by the AO of ₹ 25,00,000/- u/s 68 was challenged by the assessee in the appeal filed before the Ld. CIT(A). During the course of appellate proceedings before him, the Ld. CIT(A) required the assessee to establish the identity, capacity and creditworthiness of the persons who was claimed to have purchased the agricultural land of the assessee and made payment of ₹ 25,00,000/- in cash. The assessee however failed to comply with the said requirement. The Ld. CIT(A) also noted that the sale of agricultural land as claimed by the assessee on the basis of agreement dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue involved in the present appeal. He however has contended that an opportunity should be given to the AO to verify the said documents which are being filed by the assessee for the first time before the Tribunal to support and substantiate his case, I find merit in this contention of the learned DR. Accordingly the impugned order of the Ld. CIT(A) on the issue under consideration is set aside and the matter is restored to the file of the AO for deciding the same afresh after giving the assessee one more opportunity to support and substantiate his case on the basis of fresh evidence. 5. In the result, the appeal of the assessee is treated as allowed for statistical purpose. Order Pronounced in the Open Court on 12th September, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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