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TMI Blog2020 (4) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... as time barring and the assessee could not obtain confirmation of such transactions from the legal heir of Late Kanta Hurkat, the case was finalised by the A.O. on 22/03/2016 U/s 143(3). As the confirmation has been obtained later on and essential evidence to decide the case, the same was filed before the ld. CIT(A) but he declined to entertain the same without any cogent reason. Find no merit in the action of the ld. CIT(A) for accepting the clarification regarding chain of documents which the assessee could not file before the A.O. As gone through all the chain of transactions which were through account payee cheques. All the bank statements are on record. The bank account of Late Kanta Hurkat was operated jointly by the husband of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted by accepting the said additional evidences. 4. It was argued by the ld AR that the above ground is a legal ground, a relevant facts are available on record and no new facts are required to be evaluated nor is any further enquiry needed. The provisions of law are to be applied on the facts already available on record. 5. From the record, I found that all the facts relating to the additional ground so raised by the assessee is available on record, therefore, in view of the decision of the Hon ble Supreme Court in the case of NTPC (1998) 229 ITR 383 (SC), I accept the additional ground for adjudication. 6. Rival contentions have been heard and record perused. The facts in brief are that the assessee is a partnership firm filed r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent loans by her to the partners took place was maintained jointly by Smt. Kanta Hurkat and her husband Sh. Manakchand Hurkat. The said evidence of joint bank account was before the lower authorities. 8. The AO has added a sum of ₹ 25,00,000 holding that the assessee firm cannot return the loan to a dead person and a dead person cannot give loan to the partners. Ld. CIT(A) confirmed the order of the AO., against which the assessee is in further appeal before the ITAT. 9. I have gone through the orders of the authorities below and found that the entire trail of transactions with Smt. Kanta Hurkat has been through account payee cheques. All bank statements are on record. The bank accounts were operated jointly and husband of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed the order of the A.O. I found that as the case was time barring and the assessee could not obtain confirmation of such transactions from the legal heir of Late Kanta Hurkat, the case was finalised by the A.O. on 22/03/2016 U/s 143(3) of the Act. As the confirmation has been obtained later on and essential evidence to decide the case, the same was filed before the ld. CIT(A) but he declined to entertain the same without any cogent reason. I do not find any merit in the action of the ld. CIT(A) for accepting the clarification regarding chain of documents which the assessee could not file before the A.O. 12. I have gone through all the chain of transactions which were through account payee cheques. All the bank statements are on rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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