RAJBIR SINGH,ASSANDH vs. CIT , KARNAL

The issue involved in this particular case is the cash deposit of Rs.160,89,300/- by the assessee in his own bank account which has been claimed to have been received by the assessee on behalf of one Shri Gurmeet Singh upon execution of deed of sale of properties belong to said Shri Gurmeet Singh by the assessee before us on the basis of 4 power of attorney having been executed by Shri Gurmeet Singh to transfer the property on his behalf.

The authorities below in the absence of source of cash deposit made by the assessee in his own account negated the case made out by the assessee on receiving the amount out of the sale proceeds by the execution of the power of attorney granted by Gurmeet Singh to the assessee before us in the absence of cogent evidence to that effect and particularly the power of attorney relied upon not having been notarized neither registered.

Today before us the application for additional evidence has been filed annexing 4 power of attorney duly registered copies whereof are also been handed over to the Ld. DR which according to the Ld. AR were not in possession of the assessee at the time of hearing of assessment and appellate proceedings. However, having regard to gravity of the documents which is found to be germane to the issue involved in the matter, we deem it fit and proper to admit the same and to direct the Ld. AO to verify for proper adjudication of the matter afresh. With this observation the appeal is disposed of by remitting the issue to the file of Rajbir Singh (AY: 2015-16) the Ld. AO for consideration of the same afresh upon granting an opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.

The appeal of the assessee is allowed for statistical purposes.