2017 (4) TMI 289 - AT - Income Tax

Appellate Tribunal upholds CIT(A)'s decision favoring assessee, allows additional evidence.

DCIT Circle 41 (1) New Delhi Versus Madhukar Sharma

DCIT Circle 41 (1) New Delhi Versus Madhukar Sharma - TMI Issues:1. Admitting additional evidence in contravention of Rule 46A.2. Deletion of additions made under sections 69 and 68 of the Income Tax Act, 1961.Issue 1: Admitting Additional EvidenceThe Revenue appealed against the CIT(A)'s order admitting additional evidence despite the Assessing Officer's objection that the evidence should not be accepted as the assessee had the opportunity to produce it earlier. The Appellate Tribunal noted that the assessee, a retired senior citizen, explained that he was under judicial custody during the assessment proceedings, providing documentary evidence to support his claim. The CIT(A) rightly considered the absence of evidence during the assessment proceedings and admitted the additional evidence, including bank accounts and mutual fund statements, which clarified the investments made by the assessee. The Tribunal upheld the CIT(A)'s decision to admit the additional evidence.Issue 2: Deletion of Additions under Sections 69 and 68The Revenue contended that certain investment entries remained unexplained, and the CIT(A) allegedly ignored this aspect. The Assessing Officer added the unexplained investments to the assessee's income under Section 69 of the Act and unexplained credits under Section 68. However, the assessee provided detailed explanations supported by documentary evidence for the investments made in mutual funds, retirement benefits, and loans. The CIT(A) considered the documentary evidence, explanations, and the circumstances preventing the filing of evidence earlier. The Tribunal found that the investments in mutual funds were genuine and explained, loans were supported by sanctioned letters and confirmations, but unexplained cash deposits were added to the income due to lack of verifiable sources. The Tribunal upheld the CIT(A)'s decision to delete the additions made under sections 69 and 68 of the Income Tax Act, 1961.In conclusion, the Appellate Tribunal dismissed the appeal filed by the Revenue, affirming the CIT(A)'s order in favor of the assessee. The Tribunal found that the additional evidence admitted was crucial in explaining the investments, and the explanations provided by the assessee were supported by documentary evidence. The Tribunal upheld the deletion of additions made under sections 69 and 68 of the Income Tax Act, 1961, based on the detailed explanations and evidence presented by the assessee.