9911796707
TMI Blog2022 (4) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... nt opportunity to the assessee to adduce evidence either on points specified by them or not specified by them, the Tribunal, for reasons to be recorded, may allow such document to be produced or witness to be examined or affidavit to be filed or may allow such evidence to be adduced. In the present case, as contended by Ld. A.R. the cash books and books of accounts were under the custody of the income tax department and later on was seized by the CBI. Therefore, these documents were not produced before the lower authorities while passing the orders. From the above, we are satisfied that the assessee was prevented by sufficient cause for not presenting the above documents before the AO as well as Ld. CIT(A). We admit the additional evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usband of the Appellant therefore the submission of the Appellant made regarding purchase of land for Philips Carbon Black Limited (PCBL) through Raj Kumar Shukla and payments were made from his Indusind Bank Account in cheque on 21.09.2021,(sic) but the purchases of land were registered in the appellant's name on behalf of R.K. Shukla who was out of station and this was done in the extreme urgency stage presuming that delay in executing the transfer of property would lead to complication and fraud by the other party. Therefore the matter was not appreciated even though the investment made by her husband were to be considered in the hands of her husband but not in the hands of the appellant. As such the additions reduced to ₹ 2,10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. (G) For that the entire Assessment is made in a most whimsical, absurd, slipshod method although the Appellant furnished the explanation from time to time and made appeals furnishing the books of account available with them. The Ld. Assessing Officer had no justification to proceed for passing order initiating proceeding U/s. 147 of the I.T. Act and should not have treated as escaped income unless tangible materials found after completion of the Assessment otherwise the proceedings taken U/s. 69 of the I.T. Act needs to be quashed.' 3. In ITA No. 159/CTK/2016 for A.Y. 2013-14, the assessee has raised the following grounds: A) For that the order of the Forum below is highly arbitrary in the facts of the case. (B) Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and in case of further information no chance was given but passed the order beyond the purview of the statute. Hence the order passed needs to be quashed. (G) For that the forum below should have examined the detail information furnished and without inference and without running and brushing the details in cryptic manner, hence the order should have been quashed. 3. Ld A.R. of the assessee referred to three applications dated 19.11.2019, 31.10.2020 and 12.10.2021 filed before the Tribunal, wherein, it was contended that the assessee furnished two cash books in the form of additional evidence for the assessment year 2012-13 on 9.1.2020 and for the assessment year 2013-14 on 9.1.2020 received by the Tribunal on 10.1.2020. Ld A.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f lower authorities, it is clear that the additions/disallowance have been made for want of books of account as well as cash book of the assessee. We reproduce below Rule 29 of I.T. Rules: 29. Production of additional evidence before the Tribunal.--The parties to the appeal shall not be entitled to produce additional evidence either oral or documentary before the Tribunal, but if the Tribunal requires any documents to be produced or any witness to be examined or any affidavit to be filed to enable it to pass orders or for any other substantial cause, or, if the income-tax authorities have decided the case without giving sufficient opportunity to the assessee to adduce evidence either on points specified by them or not specified by them ..... X X X X Extracts X X X X X X X X Extracts X X X X
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