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TMI Blog2021 (3) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has filed the following additional evidence: (a) with regard to the sale of agricultural land, the assessee has filed pattedar pass books; (b) with regard to the long term borrowings, the copy of the agreement of sale evidencing the advance payment verified; (c) with regard to the agricultural income, the assessee filed evidence that he has offered agricultural income in the earlier years which was accepted by the AO; (d) with regard to bank transactions in HDFC Bank, the evidence to the effect that the assessee has received share application money from various parties during the relevant A.Ys was filed. We find that the CIT (A) has neither verified the evidence by herself nor has called for any remand report from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation/details on the basis of the return of income filed and also part information filed in Tappal. The AO observed that the assessee had sold certain land but did not offer capital gain on the same on the ground that it is agricultural land. The AO however, held that the land cannot be treated as agricultural land as it has been converted into various plots to earn more profits and some of the plots were also sold. Therefore, the AO did not accept the agricultural income offered by the assessee on the ground that no evidence was produced with regard to the same and therefore, treated the same as income from other sources . Furthermore, the AO observed that the assessee has long term borrowings/unsecured loans of ₹ 1,22,00,000/-, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year without appreciating the fact that assessee did not produce any cogent evidence in respect of earning of agriculture income either during assessment or in appellate proceedings. 4. The CIT(A) erred in deleting the addition of unexplained deposits of ₹ 3,61,56,424/- by admitting additional evidence without affording an opportunity to the AO thereby, contravening Rule 46A of I.T. Rule. 5. The appellant craves leave to add, delete, substitute, and amend any of the grounds of appeal before the hearing of appeal and/or at the time of hearing of the appeal . 3. The learned DR submitted that the assessee had filed only part information before the AO and has filed certain additional information before the CIT (A) who grante ..... X X X X Extracts X X X X X X X X Extracts X X X X
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