9911796707
TMI Blog2017 (11) TMI 2057X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee to establish the genuineness of cash credit entries found recorded in his account books. It was for the assessee to have led evidence before the assessing officer in that regard. Admittedly, the assessee did not lead such evidence and the assessing officer, therefore, proceeded to make the additions u/s 68 of the Act. Then, in appeal also the assessee did not file any additional evidence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of excessive loan of Rs.15,00,000/- to M/s Rohini Construction (P) Ltd. Rs.6,16,382/- on account of credit entry shown in land sale account of Rs.10,00,000/- on account of credit entry shown in advances received account ? (2) Whether the ITAT was right in ignoring that the CIT (Appeals) with a view to excessive the facts of case in depth and to adjudicate the matter on the basis of evidence has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals). However, the said appeal was dismissed. 5. It is the contention of the assessee that after hearing of the appeal was completed, written submissions were submitted containing certain documents on which the assessee placed reliance to explain the genuineness of cash credit entries (in respect of disputed additions made under Section 68 of the Act). 6. While dismissing the appeal, the CIT (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na Agarwal, learned Counsel for the department on the other hand submits that not only the assessee did not file an application under Rule 46-A of the Rules, it also appears that he did not file any additional evidence in the appeal before the Tribunal and further no argument was raised by the assessee before the Tribunal to invoke the powers of the CIT (Appeals) under Section 250 (4) read with Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) read with Section 250 (5) of the Act. All the pleas taken here by the assessee seem to be an after thought. No benefit can be drawn from the judgement of the Bombay High Court, inasmuch as, the assessee has not raised this ground even before the Tribunal. 10. In view of the above, the questions of law are answered against the assessee and in favour of the department. 11. The appeal is dismisse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
