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TMI Blog2019 (12) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... act that the assessee has filed certain evidences in support of his contention that the brother of assessee remitted certain amounts from Kuwait who happened to be co-owner of the properties in question. There is no finding by the lower authorities as to what happened to money which the assessee claimed to have received as gift/loan. Under these facts, we deem it proper to restore this issue to the file of the Ld. CIT(A) to decide the issue afresh after examining the aspect of remittance by the co-owner of the property and also the loan/gift claimed by the assessee. Ground of the assessee s appeal is allowed for statistical purposes. - ITA No.427/Ind/2018 (Assessment Year: 2014-15) - - - Dated:- 19-12-2019 - SHRI KUL BHARAT, JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perties valued at ₹ 58,88,000/- ₹ 48,21,000/- during the year under consideration. In respect of source of investment it was stated that he had taken loan of ₹ 44 lakhs from relatives and ₹ 55,00,000/- was invested out of his own sources. The A.O. did not accept this contention and made addition of ₹ 49,50,000/- in the income of the assessee. The A.O. further made addition of ₹ 10,000/- on account of excessive deduction claimed by the assessee. Hence, the A.O. assessed income at ₹ 52,84,650/- against the disclosed income of ₹ 3,24,650/-. 3. Aggrieved against this order, the assessee preferred an appeal before Ld. CIT(A), who after considering the submissions dismissed the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f CIT Vs. Dilbagh Rai Arora (2019) 104 Taxmann.com 371 to buttress the contention that the authorities below ought to have considered these evidences. 5. On the contrary, Ld. D.R. vehemently opposed these submissions and submitted that the assessee himself took a stand that the source of money was out of the loan/gifts received from various persons. Before assessing authority, the assessee has not stated the fact which he made before the Ld. CIT(A) i.e. the money was contributed by the brother of the assessee through remittances from abroad. He submitted that it is settled law that when the assessee does not approach with clean hands before the authorities, he will not deserve any leniency. He submitted that the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tain documentary evidences demonstrating that the joint owner of the property being brother of the assessee has also contributed for the acquisition of property as he made remittances from Kuwait. It is a fact that the assessee has been changing his stand but it is also fact that the assessee has filed certain evidences in support of his contention that the brother of assessee remitted certain amounts from Kuwait who happened to be co-owner of the properties in question. Moreover, there is no finding by the lower authorities as to what happened to money which the assessee claimed to have received as gift/loan. Under these facts, we deem it proper to restore this issue to the file of the Ld. CIT(A) to decide the issue afresh after examining ..... X X X X Extracts X X X X X X X X Extracts X X X X
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