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Facts
The Assessee filed an appeal against an order of the Ld. CIT(A) which dismissed their appeal against an assessment order making an addition of Rs. 2,38,50,000/- on account of unexplained income. During the appeal, the Assessee sought to admit additional documents to show that funds received for property purchase were returned in subsequent years.
Held
The Tribunal admitted the additional documents produced by the Assessee and remanded the issue to the Assessing Officer (A.O.) for a fresh decision. The Assessee was granted liberty to produce further documents and was assured an opportunity of being heard.
Key Issues
Whether the additional documents produced by the Assessee should be admitted? Whether the issue needs to be remanded to the A.O. for a fresh adjudication after considering the additional documents.
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Income Tax Appellate Tribunal, DELHI
The present appeal is filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals)-12, New Delhi (‘Ld. CIT(A)’ for short), New Delhi dated 29/10/2019 for the Assessment Year 2011-12.
Brief facts of the case are that, an assessment order came to be passed on 27/12/2018 by making addition of Rs. 2,38,50,000/- on account of unexplained income from undisclosed sources. Assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) vide order dated 29/10/2019, dismissed the Appeal of the Assessee. Aggrieved by the order dated 29/10/2019, the Assessee preferred the present Appeal before us.
During the pendency of the present appeal, Assessee filed an application for under Rule 29 of Income Tax Appellate Tribunal Rules by producing certain documents and sought for admission of those documents and also prayed for allowing the Appeal.
Per contra the Ld. Department's Representative vehemently opposed for admission of any of the documents and contended that the additions have been made by the A.O. on its merits based on the documents available on record which have been rightly upheld by the Ld. CIT(A). Therefore, sought for dismissal of the present Appeal.
We have heard both the parties and perused the material available on record. The Assessee by way of application filed under Rule 29 of Income Tax Appellate Rules, sought for admission of certain documents which have been produced along with the paper book at Page No. 81 to 173. It is the case of the Assessee that the amounts received from the respective entity/person for the purpose of purchase of property and the funds were duly returned by the Assessee in subsequent years. The documents in support of the said claim could be collected from the third parties during the Assessment and First Appellate proceedingsand only after making huge efforts, the Assessee could procure and produce before us. Considering the above facts and circumstances, we admit the additional documents produced before us and remand the issue to the file of the A.O. to decide the issue involved in the Appeal afresh in accordance with law after considering all the documents. The Assessee is at liberty to produce any further documents in support of her claim. Needless to say, the Assessee shall be provided opportunity of being heard before passing the de-novo assessment order.
In the result, Appeal of the Assessee is partly allowed for statistical purpose.