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TMI Blog2022 (10) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... s the reassessment was passed on 26.03.2014 and another reason that matured FDR receipt could not be obtained by the assessee from its bankers, before passing of the assessment order by the AO. Considering the ill health of the assessee and transfer of his residence to New Delhi. We find that the assessee is sufficiently prevented from above reasons for not furnishing the above documents to the AO - Therefore to meet the ends of justice, we deem fit it to set aside the case to the file of the Assessing Officer and give one more opportunity to the assessee to explain its case with these additional evidences as last opportunity by imposing a cost of Rs. 10,000/- as the assessee has not cooperated with the Assessing Officer. Appeal filed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ious mutual funds of Sundaram BNP Paribas Mutual Funds, Birla Sunlife Mutual Funds, etc. The Assessing officer had provided six opportunities to the assesse to explain the investments made in the Mutual Funds and also the CPB Interest of Rs. 24,872/- received by the assessee. As there was no response to the notices, the Assessing Officer made the addition of Rs. 58,73,192/- on account of unexplained investments in Mutual Funds and Rs. 40,18,534/- as unexplained money deposited in Axis Bank, HDFC Bank and State Bank of India and also added the CPB interest of Rs. 24,872/-. Thus the assessing officer determined the total income as Rs. 1,16,43,370/- and demanded a tax of Rs. 45,28,230/-. 3. Aggrieved against the same, the assessee filed an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quested to reconcile with the bank statements explaining every entry of the bank and the capital loss working which is already submitted in the reply dated 26.05.2015. The assessee also made further rejoinder vide letter dated 24.08.2015 and requested to adjudicate the additional evidences which could not be produced before the Assessing Officer because of his ill health and shifting to New Delhi. The Ld. CIT(A) after considering the above submissions dismissed the appeal of the assessee on the ground that inspite of ample opportunities given to the assessee in a duration of six months and the conduct of the assessee is contrary to his investment pattern in various Mutual Funds but non-cooperation with the Department and relying upon the Al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of additional evidence submitted before the Ld. CIT(A)., Copy of bank statement submitted before the A.O., Remand report of the A.O., Rejoinder to the remand report by the assesse and Miscellaneous details available on record during assessment and appellate proceedings. The Ld. Counsel taken us to page no. 87 of the Paper Book namely rejoinder filed by the assessee to the remand report more particularly, para 8 and 9 which is reproduced hereunder: 8. You honour as far the contention of learned A.O that appellant was already in possession of the said documents is not valid as we did not get proper time to furnish the same for example we would like to draw attention to evidence no.20 being mutual fund statement as issued on 01/0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Counsel thus pleaded there were sufficient cause of medical illness and his transfer to New Delhi and therefore requested that one more opportunity be given to the assessee to explain its cases with proper evidences. 5. Ld. Sr. D.R. Mr. V.K. Singh appearing for the Revenue strongly objected to the above claim and submitted that more than six opportunities given by the Assessing Officer before completion of assessment. However the assessee has not produced the details, therefore invocation of Rule 46A does not arise in this case and requested to confirm the order passed by the Ld. CIT(A) thereby dismiss the assessee's appeal. 6. We have given our thoughtful consideration and perused the materials available on record including the paper b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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