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TMI Blog2021 (5) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... de advances to the assessee. The Tribunal considering such additional documents on record, remitted the issue back to the Assessing Officer for conducting necessary verification as per law and confirmed the remaining addition wherein the assessee was not able to rebut the findings of the Assessing Officer as confirmed by the CIT(Appeals). Tribunal has therefore, after considering the materials on record, remitted the matter back to the Assessing Officer for verification of the documents produced before the Tribunal so that correct amount liable to tax can be worked out. - Decided against revenue. - R/TAX APPEAL NO. 54 of 2021 - - - Dated:- 31-3-2021 - HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH and HONOURABLE MR. JUSTICE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition of ₹ 8,45,91,627/out of ₹ 11,24,25,551/and confirmed the remaining addition under Section 68 of the Act, 1961. 5. The assessee as well as the Revenue both being aggrieved by the order passed by the CIT (Appeals) preferred Appeal before the Tribunal. The Tribunal dismissed the Appeal being ITA No.1722/Ahd/2012 filed by the Revenue, whereas, partly allowed the Appeal being ITA No. 1600/Ahd/2012 filed by the assessee. The Tribunal while partly allowing the appeal filed by the assessee remitted the issue back to the Assessing Officer for conducting necessary verification as per law with regard to addition of ₹ 2,78,33,924/which was confirmed by CIT (Appeals). The Tribunal considered the additional documents produ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of its customers pertaining to the advance amount concern. The Assessing Officer thereafter zeroed into deal with remaining 483 customers including advances of ₹ 2,52,01,648/. He observed herein as well that the asscesee had successfully proved their identity by placing on record application forms and other relevant documents. The same appears to be the case pertaining to booking cancellation customers wherein the assessee was found to have proved identity of all the relevant customers. The CIT(A) thereafter afforded ample opportunity to both the parties before partly deleting the impugned addition as indicated in preceding paragraph. 6. We first come to Revenue s argument strongly supporting Assessing Officer s reasoning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.52 crores. It submits therein that it has obtained PAN numbers of 182 customers involving advances amount of ₹ 1.02 crores. Total 75 customers are stated to be the cases therein amount is refunded due to cancellation plot registration. This is followed by 21 members whose sale deeds have been executed on 31.03.2016 leaving behind balance amount of advances received from 205 customers involving ₹ 96,60,823/. Learned Departmental Representative objects to this petition. He strongly submits that the same is in the nature of additional evidence wherein an Assessing Officer has to be granted opportunity to rebut the facts sought to be brought on record. We appreciate learned Departmental Representative's concerned. The fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove the identity and creditworthiness of the person from whom the advances were received. It was therefore, submitted that the Tribunal could not have remanded the matter back to the Assessing Officer for conducting necessary verification as per law. 7. Having considered the submissions canvassed on behalf of the appellant-Revenue, it emerges from the impugned order passed by the Tribunal that the Tribunal has permitted the assessee to adduce additional evidence along with details of 483 customers pertaining to the advances received of ₹ 2.52 crores along with PAN numbers of 182 customers. The Tribunal has also considered that the developments which have taken post facto institution of the appeal filed in the year 2012 were placed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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