9911796707
TMI Blog2018 (6) TMI 1741X X X X Extracts X X X X X X X X Extracts X X X X ..... and may explain the source of cash deposits in the bank account of assessee. The same requires consideration and examination at the level of Ld.CIT(A). Once the additional evidences have been examined by the A.O. at the appellate stage and A.O. says that the claim of assessee is verifiable would support the claim of assessee that these documents were essential for just decision in the matter. CIT(A) therefore instead of rejecting these additional evidences should have admitted the additional evidences for deciding the appeal on merits. Hon ble Supreme Court in the case of Tek Ram [ 2013 (8) TMI 459 - SC ORDER ] and Hon ble P H High Court in the case of Mukta Metal Works [ 2011 (2) TMI 250 - PUNJAB AND HARYANA HIGH COURT ] admitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cane to the mills, and some money was collected out of sale proceeds of milk, sale proceeds of wheat, rice and potato etc. The A.O. noted that reply of the assessee is general and source of cash deposits is not explained with reference to any evidence. Therefore, the A.O. made an addition of ₹ 13,15,000/- on account of unexplained cash deposits in the bank account. 3. The assessee challenged the addition before the Ld.CIT(A) and filed submissions and evidences which were remanded to A.O. on the issue of admission of additional evidences. A.O. filed Remand Report on 15.11.2017 on the issue of admissibility of additional evidences and noted that the assessee had changed his stand and despite giving sufficient opportunity, no docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kishan and affidavit of assessee were filed in support of the same. The A.O. verified these documents and noted that the claim of assessee is verifiable but assessee has changed his stand during the appellate proceedings. Further assessee did not produce these evidences before the A.O. at the assessment stage, therefore, A.O. pleaded that application for admission of additional evidence may be rejected. These facts makes it very clear that whatever evidences were filed by assessee at the appellate stage are relevant and goes to the root of the matter and may explain the source of cash deposits in the bank account of assessee. The same requires consideration and examination at the level of Ld.CIT(A). Once the additional evidences have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
