PRADIP NAIK,GOA vs. COMMISSIONER OF INCOME TAX (APPEALS) - 43, NEW DELHI

Before Ld. CIT(A), assessee submitted the necessary details of the source of investments and submits that assessee is a NRI and all the deposits in the bank account are out of the income earned outside India and investments in mutual funds were made out of the funds transferred from NRI accounts. The assessee also filed the computation of income alongwith transactions statements and the bank statements in support of the claim before Ld. CIT(A) who sought Remand Report. The AO in the remand report stated that assessee has not been able to provide the source of the investments from Oman and thereafter appeal of the assessee was dismissed by Ld. CIT(A).

Aggrieved by the order of ld. CIT(A), the assessee has filed appeal before the Tribunal by taking following grounds of appeal:- 1. “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the addition of Rs. 3,25,00,000/- as unexplained investments under section 69B of the Act. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in affirming the stand taken by the AO that the correct source of fund in NRE Bank account has not been explained by the assessee, although all the relevant documents, explaining the source of funds, were produced before the Ld. CIT(A). 3. The AO erred in issuing notice u/s 148 of the Act by merely relying on the information received from the AIR data.” 5. All the grounds are with respect to the addition of INR 3,25,00,000/- made towards the investment in mutual funds thus, they are taken together for consideration.

Heard the contentions of both the parties and perused the material available on record. It is seen that the assessee is NRI and doing business in Oman since 1985 and having no income accrued or arise in India except interest income or income from mutual funds. The immediate source of investment made in mutual fund were claimed to have been made out of the funds available in the NRI account where the amounts were remitted from Oman. The assessee has filed all the relevant details such as bank statements etc. before Ld. CIT(A) however, the AO in Remand Report has alleged that the assessee has not explained the source of such funds from Oman.

Under these circumstances and in the interest of justice, we set aside the orders of both the lower authorities and remand the issue to the file of AO to pass the order denovo fresh after considering the submissions and details filed by the assessee regarding the source of investment made in mutual funds. The assessee is also directed to appear and file all the relevant evidences to explain the source of investment made in mutual funds. With these directions, all the grounds raised by the assessee are partly allowed for statistical purposes. 8. In the result, the appeal of the assessee is partly allowed.