JEKKUN VENKATRAMAN KRISHNAMOORTHY,TRICHY vs. ITO WARD 1, TANJORE, TANJORE
What did the Tribunal hold?
The Tribunal found that the additional evidence was not available before the AO and CIT(A). Therefore, the matter was remanded to the AO for fresh consideration of these evidences.
What were the facts?
The assessee filed additional evidence and requested a remand to the AO for fresh consideration of these documents. The additional evidence pertained to indexed cost of improvement and additions made under Section 69A.
What were the issues?
Whether additional evidence can be admitted and considered by the AO upon remand. Whether the denial of deduction for indexed cost of improvement and addition under Section 69A were justified without considering the newly filed evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आयकर अपीलीय अिधकरण, ’सी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी एस.आर. रगुनाथॎ◌, लेखा सद� के सम% Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No. 245/Chny/2026 िनधा&रण वष&/Assessment Year: 2015-16 Jekkum Venkatraman Krishnamoorthy, Vs. The Income Tax Officer, No.4/37, Rettai Street, Ward -1, Ayyampettai (PO), Thanjavur. Thanjavur - 614 201. [PAN: AOLPK-6289-A] (अपीलाथ(/Appellant) ()*थ(/Respondent) अपीलाथ( की ओर से / Appellant by : Ms. P. Ramya, CA )*थ( की ओर से/Respondent by : Ms. R. Anita, Addl. CIT सुनवाई की तारीख/ Date of hearing : 28.04.2026 घोषणा की तारीख /Date of Pronouncement : 15.06.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 07.11.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi (herein after “ld.CIT(A)”) for the assessment year 2015-16.
The ld.AR, Ms. P. Ramya, CA, submits that the assessee filed additional evidences vide paper book volume-II in respect of two issues
2 I.T.A. No. I.T.A. No.245 I.T.A. No. I.T.A. No. 245 245/Chny/2 245 /Chny/2 /Chny/2026 /Chny/2 026 026 026
along with Rule 29 petition. She prayed to remand the matter to the file of
AO for a fresh consideration of additional evidences at page no. 8 & 15
with reference to indexed cost of improvement and page no. 16 to 41 with
reference to addition made u/s. 69A of the Income-tax Act, 1961 (herein
after “the Act”),
The ld.DR, Ms. Anitha, Addl.CIT, opposed the same.
Having heard both the parties and perusal of the assessment order
at para no. 2.4.2, wherein the AO denied deduction of indexed cost of
improvement for not providing any documentary evidence in support of
the said claim made in return of income. On perusal of Volume-II of
paper book at page no. 6 to 35, we note that the said documents of sale
deed dated 02.02.2015 was not available before the AO as well as the
ld.CIT(A). Therefore, considering the submissions of the ld.AR, it seems
no evidence was brought on record before the AO which is evident from
para no. 2.4.2 of the assessment order. We deem it proper to remand the
matter to the file of the AO for a fresh consideration. The AO shall
consider evidences in support of the indexed cost of improvement as may
be filed by the assessee and pass order in accordance with law.
3 I.T.A. No. I.T.A. No.245 I.T.A. No. I.T.A. No. 245 245/Chny/2 245 /Chny/2 /Chny/2026 /Chny/2 026 026 026
We find the second issue with reference to addition u/s. 69A of the
Act. It is noted that the AO added an amount of Rs.7,89,029/- for non-
availability of bank account during the course of assessment. On perusal
of the page no. 36 to 41, consisting of parties who were given
loans/financial assistance to assessee for construction activities are
admittedly not available before the AO and ld.CIT(A). Therefore,
considering the said material evidence as fresh evidence which were not
filed before the AO and ld.CIT(A) at first instance, we deem it proper to
remand the matter to the file of the AO for a fresh consideration. The AO
shall consider the same and pass order. The assessee is liberty to file
evidences in support of his claim.
In the result, appeal filed by the assessee is allowed for statistical
purposes. Order pronounced on 15th June, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated: 15.06.2026 JPV आदेश की )ितिलिप अ0ेिषत/Copy to: 1. अपीलाथ(/Appellant, 2.)*थ(/ Respondent,
4 I.T.A. No. I.T.A. No.245 I.T.A. No. I.T.A. No. 245 245/Chny/2 245 /Chny/2 /Chny/2026 /Chny/2 026 026 026
आयकर आयु1/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय )ितिनिध/DR & 5. गाड& फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.06.17 11:58:49 +05'30'
More judgments on Section 69A
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