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The ITAT held that the property in question was purchased by the assessee's husband using his own income and a loan from Indiabulls, with the assessee named only as a co-owner without contributing financially. The tribunal found merit in the revenue's contention that the CIT(A) granted relief without permitting the AO to examine additional evidence as required under the relevant procedural provisions. Consequently, the matter was remitted to the AO solely to examine the documents submitted before the CIT(A) that formed the basis for relief. The appeal filed by the revenue was allowed for statistical purposes, effectively setting aside the CIT(A) order and directing a fresh examination of the evidence by the AO.
The ITAT held that the property in question was purchased by the assessee's husband using his own income and a loan from Indiabulls, with the assessee named only as a co-owner without contributing financially. The tribunal found merit in the revenue's contention that the CIT(A) granted relief without permitting the AO to examine additional evidence as required under the relevant procedural provisions. Consequently, the matter was remitted to the AO solely to examine the documents submitted before the CIT(A) that formed the basis for relief. The appeal filed by the revenue was allowed for statistical purposes, effectively setting aside the CIT(A) order and directing a fresh examination of the evidence by the AO.
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