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TMI Blog2021 (8) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... es to the file of AO for deciding afresh after examination and verification of the additional evidences furnished by the assessee after providing due opportunity to the assessee. Appeal of the assessee is allowed for statistical purposes. - ITA No. 1316/Ahd/2017 - - - Dated:- 24-8-2021 - Shri Rajpal Yadav, Vice President And Shri Amarjit Singh, Accountant Member For the Revenue : Shri R.R. Makwana, Sr. D.R. For the Assessee : Shri S.N. Divatia, A.R. ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee s appeal for A.Y. 2012-13, arises from order of the CIT(A)-10, Ahmedabad dated 03-03-2017, in proceedings under section 143(3) of the Income Tax Act, 1961; in short the Act . 2. The assessee has rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,000/- c) Agriculture income treated as income from other ₹ 1,11,000/-sources d) Unexplained credit in bank ₹ 8,94,291/- e) FMV as on 01.04.1981 3.2 That in the facts and circumstances of the case as well as in law, the Ld. CIT(A) ought not to have confirmed above said additions. It is, therefore, prayed that the additions aggregating to ₹ 69,20,161/- upheld by the CIT(A) may kindly be deleted. 3. The fact in brief is that return of income declaring income of ₹ 3,67,230/- was filed on 27th March, 2012. The case was subject to scrutiny assessment and notice u/s. 143(2) of the act was issued on 4th Sep, 2014. During the course of assessment, the Assessing Officer noticed that assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the Assessing Officer also noticed that assessee has earned agricultural income to ₹ 1,11,000/-. The Assessing Officer stated that assessee has not furnished the supporting evidences of earning of the aforesaid income from the agricultural activity, therefore, the Assessing Officer has made an addition of ₹ 1,11,000/- to total income of the assessee. 4.1 During the course of assessment, the Assessing Officer noticed that assessee was having saving bank account with Central Bank of India, Ahmedabad. On verification of the entries, the Assessing Officer observed that there was credit/deposit entries amounting to ₹ 8,94,291/-. The Assessing Officer stated that assessee has not furnished any explanation about the source ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application under rule 46A of the IT, Rule 1961 for admission of additional evidences. The ld. CIT(A) has called the remand report from the Assessing Officer vide letter dated 12th July, 2016. The Assessing Officer has furnished the remand report and the same is reproduced at page no. 2 3 of the appellate proceedings of ld. CIT(A). The ld. CIT(A) has also forwarded the copy of the remand report for the comments/rejoinder of the assessee. The assessee has filed his comments/rejoinder on the remand report which has been produced at page 3 to 5 of the ld. CIT(A) s order. Thereafter, the ld. CIT(A) has rejected the additional evidences filed by the assessee, it is noticed that while rejecting the additional evidences, the ld. CIT(A) has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seek time for further enquiry. The appellant has no objection what so ever for giving additional time to the ld. Assessing Officer for making further enquiry but it is humbly prayed to your honour to ensure that the ld. Assessing officer give his conclusive remand report so as to decide whether to accept or reject the additional evidences supplied by the appellant. It is also noticed that in the remand report the Assessing Officer has specifically reported to the ld. CIT(A) that while framing assessment u/s143(3) of the Act the issue of income arrived from long term capital gain has not been properly, thoroughly verified because either the case or the Assessing Officer has been remained under transit due to restructuring process of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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