RAJESH MOHANLAL JAISWAL,GONDIA, MAHARASHTRA vs. INCOME TAX OFFICER WARD -1, GONDIA, GONDIA, MAHARASHTRA

In the instant appeal, assessee made two fold grievances, firstly against the addition u/s.68 of the Act at Rs.36,37,070/- made by the Assessing Officer questioning the genuineness of the creditors and secondly that the learned CIT(A) erred in not admitting the additional evidences filed by the Assessee along with application under Rule 46A of the Income Tax Rules, 1962. 3. At the outset, learned Counsel for the assessee submitted that necessary direction may please be given to the learned

I have heard the rival contentions and perused the record placed before me. I observe that the assessee is an individual and income of Rs.3,56,743/- declared in the e-return of income for A.Y.2020-21 filed on 23.12.2020. Case selected for complete scrutiny. Learned Assessing Officer concluded the proceedings making an addition u/s.68 of the Act for the unexplained cash creditors at Rs.36,37,070/-. Assessee carried the matter before learned CIT(A) and filed an application for admission on additional evidences under Rule 46A to explain the genuineness of the sundry creditors. However, learned CIT(A) has not admitted the additional evidences and rejected the assessee’s application for admission of additional evidences confirming the addition made by the Assessing Officer. I note that the assessee for the reasons beyond control could not file details before the learned Assessing Officer and the additional evidences filed are claimed to go to root cause of the addition and are necessary for explaining the nature and source of sundry creditors. I therefore in the interest of justice direct the learned CIT(A) to admit the additional evidences and decide the issues raised against the addition u/s.68 of the Act in light of such additional evidences. If necessary, ld.CIT(A) may call for a Remand Report from the learned Juri ictional Assessing Officer and after receiving the comments from the assessee

In the result, the appeal of the assessee is allowed for statistical purposes.

The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, न गपुर SMC बेंच, 4. न गपुर / DR, ITAT, “Nagpur SMC Bench, Nagpur ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,