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TMI Blog2018 (11) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... cided the issue on the basis of subsequent confirmation letters received from the bank as per which the outstanding amount as per bank tallied with the outstanding amount as per assessee’s books being payable to the bank. CIT(A) has not obtained remand report from the AO in respect of these additional evidences furnished before him for the first time. Hence, we feel it proper to set aside the order of CIT(A) and restore the matter back to his file for fresh decision after obtaining remand report from the AO - Appeal filed by the revenue stands allowed for statistical purposes. - ITA No.1463/Bang/2017 - - - Dated:- 16-11-2018 - SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER For The Appellant : Smt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence produced by him during the course of proceedings before the AO except in some circumstances. 6. Whether the CIT(A) was right admitting the evidence in view of Rule 46A, since the AO has not been given a reasonable opportunity to cross verify the same. 7. Whether the CIT(A) was right in accepting the evidence produced during the appellant proceedings with calling remand report from the AO on the documents or such evidences produced. 8. The CIT(A) was erred in accepting additional evidence i.e., confirmation letter from bank which is not produced before the assessing officer during the course of assessment. 9. For these and other grounds that may be urged upon, the order of the CIT(A) may be reversed and that ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt by holding that this much is unexplained credit. She also submitted that ld. CIT(A) has passed his decision on the basis of copies of the confirmation letters from Andhra Bank, Jayanagara Branch submitted before CIT(A) for the first time along with the ledger copies of the assessee s books for having received various loans. She submitted that the issue was decided by CIT(A) as per Para 7.2 of his order based on such confirmation letters received from the bank without confronting the same to the AO. 4. We have considered the submissions of the ld. DR of revenue and for the sake of ready reference, we reproduce paras 7 to 7.2 from the impugned order of CIT(A). 7. The grounds taken on the discrepancy in the bank loan balances and b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,00,000-00 6. Andra Bank - PC 005 25,00,000-00 7. Andra Bank - PC 006 10,00,000-00 8. Andra Bank - PC 007 30,00,000-00 9. Andra Bank - PC 008 30,00,000-00 10. Andra Bank - PC 009 30,00,000-00 11. Andra Bank - PC 010 30,00,000-00 12. Andra Bank - PC 011 30,00,000-00 13. And ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . So the total interest amount of ₹ 77,53,990/- is confirmed by the bank. Therefore the difference of ₹ 24,30,593/- being the difference between the interest debited to profit and loss account and the interest supposed to have been confirmed by the bank is disallowed and added to income. 7.2 I have perused the bank statements of various loans and also confirmation letters received from bank and the ledger extracts. In view of the facts of the case that the confirmation received from the bank, it is inferred that the balances shown in the books of account are in accordance with the bank records, therefore, the grounds taken on the discrepancy in the bank loan balances and bank interest are hereby allowed. 5. From the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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