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TMI Blog2019 (5) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax (Appeals) for the Assessment Year 2014-2015. "i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the addition when the Assessee had discharged its onus of proving the genuineness of the transactions by producing the bank statements of both parties? ii) Whether the order of the Tribunal is based on a perverse finding of fact that the whereabouts of the appellant's brother in law are not known, when the Revenue has neither summoned the brother in law under Section 131 of the Act nor called for any confirmation letter from him? iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in treating the amounts transferred to the appellant as unexpl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) in para 7.4, which is quoted below, would reveal that the Assessee was put to questions about the said Cash Credit in the name of Mr.Bhuma Ramakrishna Reddy, but, the Authorised Representative appearing for the Assessee could not explain the same and answer the said questions and no confirmation letter of the said person was filed before the Commissioner of Income Tax (Appeals). 6. Para 7.4 of the order passed by the Commissioner of Income Tax (Appeals) is quoted below for ready reference:- "7.4. On verification of the ICICI Bank Statement it is noticed that it is not NRI Account. The A.R. was asked to explain -- (i) In which country Mr.Bhuma Ramakrishna Reddy is living? (ii) What is he doing there? (iii) What is his source ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income Tax (Appeals) though the copies of the Bank Account details were furnished by the Assessee. The mere production of the Bank Account copies was not sufficient and the entires made therein were required to be proved by the Assessee by production of the said witness Mr.Bhuma Ramakrishna Reddy. 9. In order to allow verification of entries in Bank Statement in this regard, we are of the considered opinion that it would be appropriate and in the interest of justice to remit the matter back to the learned Commissioner of Income Tax (Appeals), who may examine the said witness at his own level and return the findings in this regard. Since a considerable time has already passed and the matter pertains to the Assessment Year 2014-2015, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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