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Facts
The assessee's appeal for AY 2011-12 arose against an order upholding the addition of Rs. 30,00,000/- as unexplained cash deposit under Section 68 of the Income-tax Act. The assessee sought to submit additional evidence and explanations.
Held
The Tribunal admitted the additional evidence application, finding it goes to the root of the matter. The case was remitted back to the CIT(Appeals) for fresh adjudication after factual verification, with the condition that the assessee must prove the facts within three effective opportunities.
Key Issues
Whether additional evidence can be admitted to prove the nature of cash deposits; and whether the case should be remitted for fresh adjudication.
Sections Cited
68, 147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA
O R D E R
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal 2011-12 arises against CIT(A)/ NFAC, Delhi’s order dated 18.03.2024 (DIN & Order No. ITBA/NFAC/S/250/2023-24/1062838479(1), in proceedings u/s 147 r.w.s. 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
Coming to the sole substantive issue between the parties herein, it transpires during the course of hearing that both the learned lower authorities have treated the assessee’s cash deposit of Rs. 30,00,000/- as unexplained u/s 68 of the Act, in assessment order dated 26.12.2018 as upheld in lower appellate discussion.
3. That being the case, learned counsel has invited the tribunal’s attention to the assessee’s additional evidence application seeking to place on record his relevant explanation duly supported by documents that he could not plead and prove all the relevant facts in the lower appellate proceedings.
The Revenue could hardly dispute that the assessee’s additional evidence sought to be admitted goes to the root of the matter which accordingly deserves to be admitted therefore. It is thus deemed appropriate in the larger interest of justice to remit the same back to the learned CIT(Appeals) for its afresh adjudication after all factual verification(s) subject to a rider that the assessee herein shall himself plead and prove all the relevant facts at his own risk and responsibility preferably within three effective opportunities in consequential proceedings. Ordered accordingly.
Order pronounced in open court on 01.10.2025.