The Tax Publishers2020 TaxPub(DT) 4192 (Rkt-Trib) : (2020) 183 ITD 0563

INCOME TAX ACT, 1961

Section 68

Where in order to prevent miscarriage of justice against addition made on account of alleged unexplained cash deposit made by the assessee in the bank account, it was found fit and proper to direct AO to consider the issue afresh upon giving an opportunity of hearing to the assessee considering the relevant materials available before him and also considering any other document/evidence which the assessee may choose to file at the time of hearing of the appeal.

Income from undisclosed sources - Addition under section 68 - Cash deposit in bank account from unexplained sources -

Assessee filed appeal against the order of CIT(A), making addition on account of alleged unexplained cash deposit made by the assessee in the bank account.Held: Having regard to the facts and circumstances of the case, in order to prevent the miscarriage of justice, it was found fit and proper to direct AO to consider the issue afresh upon giving an opportunity of hearing to the assessee and upon considering the relevant materials available before him and also considering any other document/evidence which the assessee may choose to file at the time of hearing of the appeal.

REFERRED :

FAVOUR : Matter remaded.

A.Y. : 2008-09


INCOME TAX ACT, 1961

Section 254 Rule 34(5)

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