Narottamprasad Surajdin Pandey Vs ITO (ITAT Surat)
ITAT Surat held that considering the veracity of evidence, additional evidence filed by the assessee is essential and has direct bearing on all the additions/ disallowance, hence, all the additional evidence are taken on record. Accordingly, matter restored back.
Facts- Vide the present appeal, the appellant has contested addition made under section 68 of the Income Tax Act. It is mainly contested the Assessing Officer has not considered the submissions and evidences and CIT(A) confirmed the addition by passing ex-parte order.
Conclusion- Held that considering the veracity of evidence, additional evidence filed by the assessee is essential and has direct bearing on all the additions/ disallowance, hence, all the additional evidence filed by the assesse are taken on record. Further considering the fact that as per contents of assessment order, such evidences were not available before Assessing Officer for his examination, therefore, all three additions/issues are restored back to the file of Assessing Officer with direction to verify the evidences and pass order on all the issues afresh and in accordance with law. Needless to direct that before passing the order, the Assessing Officer shall grant fair and reasonable opportunity of hearing to the assessee. The assessee is also directed to be more vigilant in future and not to cause further delay and seek adjournment without any valid reason and to furnish all the details, his submissions and evidences on various grounds of appeal raised by him, as soon as possible, as filed before this Bench, without any further delay.
