9911796707
TMI Blog2023 (5) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... , 1961 (for short "the Act") assessee filed this appeal. 2. Brief facts of the case are that assessee is an individual, he has been a non-resident, deriving remuneration from M/s. LES Energy Services Limited, Nigeria with effect from 13/09/2011. Since he is a non-resident and has been deriving income in respect of the services rendered outside India, in terms of section 5 of the Act, which is not taxable in India, assessee did not file the return of income for the assessment year 2015-16. 3. Learned Assessing Officer, however, noted from the ITBA Portal that assessee purchased immoveable property and also investment in Fixed Deposit. He, therefore, issued notice to the assessee. Assessee informed the learned Assessing Officer that he purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidering the remand report, learned DRP sustained the addition holding that there was no evidence to establish the date on which the loan amount was credited or the date of payment to the Lodha Group with reference to the bank statement. 8. Assessee is, therefore, before us in this appeal, stating that the addition made by the learned Assessing Officer and sustained by the learned DRP is without appreciating the facts on record with reference to the material available. As a matter of fact, the assessee explained the transaction and the source of funds for investment in the residential property. However, both the authorities sought the copies of the documents, which were not readily available with the assessee. 9. At the outset, assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that were to be issued by the financier were to be obtained from Piramal Group, which provided loan statement in respect of assessee's housing loan and the loan payment statement was to be issued by Bank of Baroda. These documents could not be secured by the assessee in view of the insolvency proceedings against the financier and because he is a non-resident in India. Learned AR submits that the assessee could secure all these documents, but with some delay due to the factors beyond control of the assessee. 11. In these circumstances, learned AR submits that in the interest of justice, these documents may be received and considered. He submits that these documents would conclusively establish that the entire sale consideration was not paid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meritorious case cannot be thrown out at the threshold, without giving an opportunity to the assessee that too when the assessee produced the documents from proper custody. 14. With this view of the matter, we find it just and proper to receive the additional evidence and to direct the learned Assessing Officer to verify and to take a plausible view, after affording an opportunity to the assessee. Accordingly, we set aside the impugned orders and restore the matter to the file of learned Assessing Officer to verify the additional evidence and to take a view according to law by giving an opportunity to the assessee. 15. In the result, appeal of assessee is treated as allowed for statistical purposes. Order pronounced in the open court on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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