The Tax Publishers2020 TaxPub(DT) 4844 (Jp-Trib)

INCOME TAX ACT, 1961

Section 254

Where it was found that though the assessee could not produce documents being development agreement and bank account before the authorities below however, these documents were very much in existence at the time of assessment and there was no scope of any manipulation. Thus, additional evidence filed by the assessee was admitted.

Appeal (Tribunal) - Additional evidence - Admissibility -

Assessee filed appeal for admission of additional evidence in respect of addition made by AO towards unexplained term deposit and cash deposit in the bank account of assessee. Held: Documents filed by the assessee being development agreement and bank account were beyond the scope of any manipulation by the assessee and details of the bank account was very much available with AO being the basis of this addition. Assessee had also filed an affidavit to explain the reasons for source as well as not furnishing the documentary evidence before the authority below. Thus, additional evidence filed by the assessee was admitted and matter was remanded to the record of AO to adjudicate the same afresh after verification and examination of the additional evidence filed by the assessee.

REFERRED :

FAVOUR : In favour of assessee.

A.Y. : 2011-12



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