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TMI Blog2019 (10) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... al justice and rejection of additional evidence under Rule 46A was not controverted by the Revenue by bringing any cogent material on record. The assessee has also filed paper books and written submission/case-laws. Considering the facts and circumstances of the case and the statement recorded by us in the presence of both the parties, we are of the view that in order to provide natural justice, the cross-examination should have been allowed by the Assessing Officer and ld. CIT(A) should also have admitted application for additional evidence, therefore, the matter requires reconsideration at the level of the Assessing Officer. Appeal filed by the assessee is allowed for statistical purposes only - ITA No. 505/Ind/2016 - - - Dated:- 31- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /r 46A for admission of affidavit of Satish Patidar which was material to the issue before the ld. CIT(A) and the appellant had duly demonstrated in its application u/r 46A as to the maintainability of the said document. 5. That even on merits the addition of ₹ 55,30,000/- sustained by the ld. CIT(A) deserves to be deleted as the provisions of Section 68 were not attracted to the said amounts as these were advances made by the assessee in earlier years by account payee cheques which were simply received back and consequently these cannot be treated as cash credits and Section 68 will have no application. 2. At the outset, learned Counsel for the assessee submitted that the Revenue Authorities did not follow the principles of na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Satish Patidar in the presence of learned Counsel for the assessee and ld. Sr. DR Shri Amit Kumar Soni on 15.7.2019, copy of which was supplied to concerned parties. Before us, the submission of the learned Counsel for the assessee in respect of following principles of natural justice and rejection of additional evidence under Rule 46A was not controverted by the Revenue by bringing any cogent material on record. The assessee has also filed paper books and written submission/case-laws. Considering the facts and circumstances of the case and the statement recorded by us in the presence of both the parties, we are of the view that in order to provide natural justice, the cross-examination should have been allowed by the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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