ARVIND,NOIDA vs. INCOME TAX OFFICER, NOIDA

Heard both the parties at length. Case file perused.

It emerges during the course of hearing that both the learned lower authorities have added the assessee’s cash deposits of Rs.32,73,000/- made in the relevant previous assessment year 2011-12 as unexplained, in the course of

Faced with this situation, learned counsel has filed the assessee’s paper book running into 105 pages which more appears to be an instance of additional evidence only. The Revenue’s case is on the other hand is that the assessee’s instant additional evidence requires the learned Assessing Officer’s factual verification. It is made clear that there is no dispute between the parties that the assessee’s additional evidence submitted herein indeed goes to root of the matter. It is thus therefore deemed appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the Assessing Officer for his afresh appropriate adjudication, within three effective opportunities subject to a rider that taxpayer shall plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accordingly.