INCOME TAX ACT, 1961

Section 250(5) Rule 46A

Appeal [CIT(A)] - Additional evidence - No contrary material brought by AO -

AO denied assessee's claim for deduction under section 54F on the ground that despite show cause notice issued by AO, no details as required were filed by assessee. Assessee filed additional evidence in support of claim of deduction under section 54F along with application under rule 46A. CIT(A) called for remand report from AO on additional evidence filed by assessee and after considering remand report allowed claim of deduction under section 54F. Revenue challenged this.Held: CIT(A) specifically required AO submit remand report on admission of additional evidence after verification of additional evidence submitted by assessee which included statements, affidavits, agreements, bills, vouchers regarding various works got done in respect of construction of house and AO had not given any adverse comments or even not doubted correctness of evidence produced by assessee. Therefore, when AO himself was satisfied with evidence produced by assessee, then claim of deduction under section 54F allowed by CIT(A) based on additional evidence as well as remand report of AO could not be disturbed in the absence of any contrary material brought on record by department.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2012-13

INCOME TAX ACT, 1961

Section 54B

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