9911796707
TMI Blog2022 (12) TMI 1485X X X X Extracts X X X X X X X X Extracts X X X X ..... to delete the additions, since the funds are NRI Repatriation funds came outside India and is not taxable in India. Assessee also produced before us a copy of giving effect order dated 04.11.2020 passed by the AO deleting the addition made by him. Grounds raised by the Revenue does not have any merits and the same are hereby rejected. - Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Appellant : Shri Sudhendu Das, CIT/DR For the Respondent : Shri Chetan Shah, A.R. ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER :- This appeal is filed by the Revenue as against the order dated 05.03.2020 passed by the Commissioner of Income Tax (Appeals)- 13, Ahmedabad, as against the ex parte Assessment order passed under section 144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) relating to the Assessment Year (A.Y) 2009-10 and Cross Objection is filed by the Assessee. 2. The registry has noted that there is a delay of 281 days in filing the appeal by the Revenue when the same was filed on 30.03.2021. Similarly, the registry has noted that there is a delay of 19 days in filing the Cross Object ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plied vide letter dated 17.10.2015 that he did not get the enclosures of the BNP Paribas Mutual Fund. The A.O. provided the details vide letter dated 19.10.2015 and requested the assessee to submit its reply. However as there was no response from the assessee, the Assessing Officer treated the amount of Rs. 23.06 crores as unexplained investment u/s. 69 of the Act and added as the assessee s income. 3. Aggrieved against this assessment order, the assessee filed an appeal before ld. CIT(A) wherein the assessee submitted that he originally denied the investment in mutual fund vide letter dated 12.10.2011 because of mis-communication with the Authorized Representative. Later the assessee collected the information for investment of BNP Paribas Mutual Fund, whereas details like Tax status (NRI Repatriation), Bank account details of Standard Chartered Bank, Chennai NRE Account and contended that the investments have been made from the NRE Account on repatriation basis by availing a loan from Standard Chartered Bank. However the above transactions were six years old, the bank took time in providing the information beyond the 3rd week of March 2016. Therefore the assessee could not give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fill the requirements of rule 46A? 4. The Ld CIT(A) erred in accepting the submission of the assessee on the basis of photo copies which didn't bear any seat/stamp of bank authorities and whether, the Ld. CIT(A) is correct in deciding the matter without verifying the original documents. 5. Whether on the facts and circumstance of the case and in law, Ld. CIT(A) has erred in directing the AO to obtain from the appellant the certified true copies of documents which the appellant shall be found to furnish before the AO while giving effect to the appellate order and that AO having satisfied himself that the source of such investment is fund outside India shall delete the addition which is clearly in the nature of set aside of the assessment which clearly violates the scope and provisions of Section 250 of the I.T. Act, 1961? Assessee Ground: 1. Appeal filled by the Appellant is bad in law, as it has been filled beyond the time limit permitted in the Law, ie. within 60 days from the date of service or communication of the order. As per the provisions of Section 253(3) (3) Every appeal under sub-section (I) or sub-section (2) shall be filed wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Assessing Officer any evidence which is relevant to any ground of appeal. The cause for the non-submission of the material evidences before the AO is as under: Ld AO has provided us the details of the investment in BNP Paribas Mutual fund vide his letter dated 19.10.2015. Immediately then after we have approached the Standard Chartered Bank to provide us the details of our loan and investment in the BNP Paribas Mutual Fund. But, the loan documents were at the Standard Chartered Bank, Singapore and they were related to the FY 2008-09, say six years back. So, there was the delay from the Bank in providing us the details and it has been provided to us only in the third week of the March 2016. Till then we had not received any communication from the Ld AO. Immediately, on receipt the details from the Standard Chartered Bank, we had submitted all the details and evidences to Ld AO on 25/03/2016 and before the receipt of the assessment order. As the matter is related to F Y 2008-09 and six years old, the Bank had taken a considerable time in providing the necessary details and documents, so there was a delay in submitting it to the Ld AO. Considerin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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