SH. AMIT ARORA,FARIDABAD vs. ACIT, NEW DELHI

At the time of hearing before us, learned counsel for the assessee stated that vide letter dated 7th October, 2015, the assessee has requested for admission of additional evidence. He stated that the Assessing Officer has made additions on account of alleged cash deposits in the assessee’s bank treating the same as income u/s 69 of the Act. However, the contention of the assessee is that the deposits are not unexplained investments but cash received as gifts on various occasions from his father. Evidence in support of the said contention has now been obtained which was earlier not submitted before the lower authorities. The assessee was under a bona-fide belief that the evidences already filed before the lower authorities were sufficient.

Learned DR has no serious objection to the admission of additional evidences now sought to be filed by the assessee but, he stated that since the Assessing Officer had no opportunity to go through the same, the matter may be sent back to his file to verify the correctness of the same.

In view of the above, we set aside the orders of authorities below and restore the matter to the file of the Assessing Officer. We direct the assessee to furnish the additional evidence now sought to be filed before the Assessing Officer who will examine the same. Needless to mention that he will allow adequate opportunity of being heard to the assessee and then pass a speaking order in accordance with law.