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Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH, AHMEDABAD
By way of this appeal, the assessee appellant has challenged correctness of learned CIT(A)’s order dated 20th February, 2017, for the assessment year 2013-14, on the following grounds:-
1.1 The order passed u/s.250 on 20.02.2017 for A.Y. 2013-14 by CIT(A)-2, Ahmedabad upholding addition of Rs.4 lakhs as unexplained investment in land wholly illegal, unlawful and against the principles of natural justice.
1.2 The Ld. CIT(A) has grievously erred in law and or on facts in upholding that the appellant had made unexplained investment of Rs.4 lakhs in purchase of land.
1.3 That in the facts and circumstances of the case as well as in law, the ld. CIT(A) has grievously erred in confirming addition towards unexplained investment of Rs.4 lakhs in purchase of land.
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2.1 Both the lower authorities have failed to appreciate that the appellant could not furnish confirmation letter and other evidence relating to two depositors i.e. Shri Karan K Patel and Shri Naresh K Patel for sufficient cause and the fresh evidence produced now during the appellate proceedings may please be admitted.”
It is therefore prayed that the addition of Rs.4 lakhs confirmed by CIT(A) should be deleted.”
When this appeal was called out for hearing, learned counsel for the assessee fairly pointed out that he was not in a position to submit any supporting evidence in connection with the unexplained credits to the tune of Rs.4 lakhs. He submits that as for the remaining disputed unexplained credits, he had furnished the requisite details before the learned CIT(A) and learned CIT(A) was pleased to delete the additions in respect of the said amounts. Learned counsel has now submitted the supporting evidences, by way of additional evidences before me under rule 29, and prayed that the matter may kindly be remitted to the file of the learned CIT(A) for adjudication afresh in the light of these additional evidences. 3. Learned Departmental Representative opposes the prayer. 4. Having heard the rival contentions and having perused the material on record – including affidavits of Shri Kiran Kumar Patel and Naresh Kumar Patel, I deem it fit and proper to admit the additional evidences, as the assessee was indeed prevented from producing the same earlier, by reasonable cause, and remit the matter to the file of the learned CIT(A) for fresh adjudication on merits. Ordered accordingly. As the matter has been remitted to the file of the learned CIT(A) for fresh adjudication, I see no need to deal with the matter on merits.
In the result, the appeal is allowed for statistical purposes. Pronounced in the 5. open court today on the 15th day of October, 2018.
Sd/- Pramod Kumar (Accountant Member) Dated: Ahmedabad, the 15th day of October, 2018.
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Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File
By order
Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad