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Facts
The Assessing Officer made an addition of Rs. 45,02,050/- under Section 69A for unexplained silver jewellery (coins and bricks) found in a locker, which the assessee claimed was inherited and gifted without furnishing evidence to the AO. The CIT(A) confirmed the addition, rejecting affidavits submitted by the assessee during appellate proceedings under Rule 46A as they were not produced before the AO.
Held
The Tribunal observed that the assessee claimed she was never confronted regarding the source of the jewellery and the CIT(A) improperly dismissed evidence. Considering the interest of justice, the Tribunal remitted the issue back to the AO, directing the assessee to provide necessary details of the jewellery's source and the AO to decide the case after providing an opportunity of being heard.
Key Issues
Whether the addition under Section 69A for unexplained silver jewellery was justified, and the admissibility of additional evidence under Rule 46A before the CIT(A).
Sections Cited
Section 69A of the Income-tax Act, 1961, Rule 46A of the Income Tax Rules
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Income Tax Appellate Tribunal, DELHI BENCH ‘E’ : NEW DELHI
Before: SHRI SHAMIM YAHYA & SHRI YOGESH KUMAR U.S.
per law, after providing the assessee an opportunity of being heard.