TaxTMI 
TaxTMI 
2012 (6) TMI 17
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....ssee pertains to the assessment year 2005-2006 and it arises out of ITA 283/Del/2009 decided on 06.08.2010 by the Income Tax Appellate Tribunal. The questions which have been framed for the consideration of this Court are as under:- "(i) Whether on the facts of the present case, Tribunal was justified in law in upholding the addition of Rs.8,28,375/- made by Assessing Officer under Section 56(2)(....
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....n 25.05.2006. As regards the other amount of Rs.2.35 lacs received from Smt J Gurmeet Singh, an amount of Rs.1.15 lacs paid to assessee on 30.11.2004 was only repayment of the amount which was paid by assessee towards the electricity charges of Smt Gurmeet Singh by way of a draft made from the account No. SB 7924 held by assessee in Punjab and Sindh Bank. Consequentially no addition on this accoun....
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....eof, no such evidence had been produced before the Assessing Officer. After the assessment order was passed, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals), who substantially accepted the plea of the assessee and deleted an amount of Rs. 26,40,375/- from the said amount of Rs. 27,20,375/- leaving an amount of Rs. 80,000/- as being the amount of addition sustained ....
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....ts were to be regarded as payments received without consideration. 5. We feel that the assessee's assertion that she had repaid the loans ought to be examined by the Tribunal. Since the material with regard to the repayment of the loan was not before the Tribunal in the circumstances mentioned above, we feel that it would be appropriate if the impugned order is set aside and the matter is remitte....