Case Law Details
Late Sh. Ravinder Mohan Kalia Vs DCIT (ITAT Chandigarh)
ITAT Chandigarh held that as additional evidence submitted are essential and critical for determination of issue under consideration, matter remanded back to ld. CIT(A).
Facts- The assessment in the case of the assessee was completed u/s. 147 r.w.s 144 of the Income Tax Act, 1961. In the assessment order so passed, the AO has brought to tax, a sum of Rs. 1,00,00,000/- as income from undisclosed sources u/s. 69 of the Act in absence of any supporting documents furnished by the assessee during the course of assessment proceedings.
Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). The Ld. CIT(A) has dismissed the appeal of the assessee holding that the additional evidence submitted in the form of copy of sale deed, copy of Form 15CB/CA and Form 26AS were sent to the AO for verification and a remand report was called. However, the assessee has not availed the opportunity before the AO and has failed to provide certain additional documents as required by the AO to establish the genuineness of the transaction and in absence of the requisite documentation, it can be concluded that the assessee has not been able to provide these documents to justify the transaction and the additions made by the AO was confirmed. Against the said findings and the order of the CIT(A), the assessee is in appeal before us.
Conclusion- We find that the additional evidence submitted by the assessee especially given that the assessment was completed u/s 144 as well as additional documentation required by the AO are essential and critical for determination of issue under consideration. We therefore deem it appropriate that the matter is set-aside to the file of the ld CIT(A) to consider the additional evidences and decide the same as per law after providing reasonable opportunity to the assessee.
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