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TMI Blog2020 (10) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... judgments of the Hon ble Jurisdictional High Court and the Hon ble Apex Courts, we hereby decline to interfere with the order of the ld. CIT (A). In the result, the appeal of the department is liable to be dismissed. - Ms. Sushma Chowla, Vice President And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. C. S. Aggarwal, Sr. Adv. For the Revenue : Sh. D. K. Mishra, CIT DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeals have been filed by the revenue and the assessee against the orders of the ld. CIT(A)-24, New Delhi dated 23.01.2017 and 17.03.2017. 2. In ITA No. 2113/Del/2017, following grounds have been raised by the revenue: 1. The order of ld. CIT (A) is not correct in law and on facts. 2. On the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Income Tax Act, as held by the Allahabad High Court in the case of Nathu Ram Prem Chand and as such the credits could not be held as unexplained without having summoned the creditor. (See 49 ITR 561) 4. That further the learned CIT(A) erred in sustaining the addition, disregarding that the assessee had led satisfactory evidence be fore him to establish the genuineness of the credit which was well explained. 5. That he also has failed to appreciate that income returned by the assessee was of a substantial sum of Rs. 2, 30,08, 530/- and in the absence of any adverse evidence to the contrary there was no justification not to have deleted the said addition by not accepting the claim of the assessee. 4. The facts relevant for the adjudicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Delhi). 6. Since, the decision of the ld. CIT (A) is based on the judgments of the Hon ble Jurisdictional High Court and the Hon ble Apex Courts, we hereby decline to interfere with the order of the ld. CIT (A). In the result, the appeal of the department is liable to be dismissed. 7. In the appeal of the assessee, a ground was raised against rejection of additional evidences furnished by the assessee under Rule 46A of the Income Tax Rules before the ld. CIT (A). We find that the additional evidences consist of confirmation letter and banks statement of the creditors, in the absence of which an appropriate decision regarding the adjudication of the issue cannot be arrived. The ld. CIT (A) has not passed any speaking order regarding the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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