SUNIL KUMAR SHARMA,GHAZIABAD vs. ITO, WARD-2(3), GHAZIABAD

This appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax [Appeals], Ghaziabad dated 31.10.2018 pertaining to assessment year 2010-11 on the following grounds:-

1. That the order of Ld. CIT(A) is against facts and bad in law as the order passed by the Ld. CIT(A) rejecting the assessee submission on the sole ground that application for admission of additional evidences under Rule 46A not filed by the appellant.

2. That the order of Ld. CIT(A) is against facts and bad in law as the Ld. CIT(A) failed to appreciate the fact that the documentary evidence submitted before her clearly pointed out that no additional evidences are being submitted before the Ld. CIT(A) and all the documents were presented during the assessment proceeding also.

3. That the Ld. CIT(A) has erred on facts and in circumstances of the case in making an addition of Rs.

18,73,000/- by treating the amount of cash deposit in the bank account to be unexplained cash credit.

before or at the time of hearing of the appeal.

2. Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of convenience.

3. At the time of hearing, Ld. Counsel for the assessee draw my attention towards para no. 5 to 5.2 at page no. 10 & 11 of the impugned order and stated that Ld. CIT(A) has passed a non-speaking order on the issues in dispute and requested that the issues in dispute may be set aside to the file of the Ld. CIT(A) to decide the same afresh and pass a speaking order, after considering the Paper Book filed by the Assessee.

4. Ld. DR relied upon the order passed by the Ld. CIT(A).

5. I have heard both the parties and perused the orders passed by the Revenue authorities especially the impugned order, I am of the view that Ld. CIT(A) has not passed a speaking order and not considered documentary evidences filed by the assessee thoroughly. Therefore, in the interest of justice, the issues involved in the present appeal are set aside to the file of the Ld. CIT(A) to decide the same afresh, as per law, after giving adequate opportunity of being heard to the assessee and also consider the documentary evidences filed in the shape of paper book containing pages 1-58 in which the assessee has attached the copy of computation and ITR for AY 2010-11; copy of balance sheet and P&L of business for AY 2010-11; sale deed of property situated at Mansarovar Park, Shahpur Bamheta dated 28.8.2009; Bank statement of Account No. 00800100019103 maintained with Bank of Baroda for FY 2009-10; sale deed of property situated at Village Kudikhera Pargana & Tehsil Dadri dated 30.3.2009 and reply submitted by appellant and notices issued by the AO relevant to AY 2010-11. The Assessee has also certified that the aforesaid documentary evidences were submitted before the lower authorities during the course of assessment proceedings.

[H.S. SIDHU] JUDICIAL MEMBER Dated:19-03-2020 SRB