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Income Tax Appellate Tribunal, BANGALORE BENCHES : “B”, BANGALORE
Before: SHRI B.R.BASKARAN & SMT BEENA PILLAI, JUDICAL MEMBER
PER SMT BEENA PILLAI, JUDICIAL MEMBER present appeal has been filed by revenue against order dated 31/01/19 passed by Ld. CIT (A), Mysore for assessment year 2015- 16 on following grounds of appeal:
ITA No.702(B)/2019 2
The Ld. CIT(Appeals) erred in deleting the addition made by the AO amounting to Rs.79,36,250/- u/s.69 of the I.T.Act, 1961 towards unexplained investment admitting the additional evidences filed by the assessee without affording an opportunity to the AO to examine the same under Rule 46A of the Income tax Rules, 1962.
The Ld.CIT(A) erred in admitting additional evidences in the form of an affidavit purported to be signed by the assessee's grandfather who was aged about 99 years old and claimed to have made a gift of Rs.79,36,250/- in the form of teak wood which requires proper verification.
The Ld.CIT(A) erred in relying on the Affidavit even though the AO pointed out that the donor had not mentioned quantum/volume of wood given by way of gift.