2014 (8) TMI 958

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....68 of the Income Tax Act on account of unexplained cash credit in bank account. 2. The CIT(A) has erred in admitting additional evidences which were not submitted before the AO in violation of Rule 46A of the IT Rules 1962. 3. The CIT(A) has erred in not appreciating the fact that without the confirmations from so called clients, the contention of the assessee cannot be accepted." 3. Briefly stated the facts giving rise to this appeal are that the assessee filed her return on 31.3.2008 declaring a total income of Rs. 1,24,860 as income derived from brokerage and other sources. The case was selected for scrutiny under CASS and notice u/s 143(2) of the Income Tax Act, 1961 (for short the Act) was served on the assessee. On the basis ....

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....tion of Rule 46A of the IT Rules 1962. Ld. Counsel of the assessee replied that the CIT(A) has not contravened provisions of Rule 46A of the Rules as it is apparent from the impugned order that the CIT(A) called remand report of the AO and the AO was duly confronted with the additional evidence and comments of the AO were already considered by the CIT(A) while admitting and considering the additional evidence. 6. On careful consideration of above submissions and perusal of the impugned order, specially from para 4 to 5, we observe that the CIT(A) has given an opportunity to the AO to submit his remand report and comments on the additional evidence submitted by the assessee during the first appellate proceedings. The CIT(A) has also consi....

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.... cash deposits and withdrawals made by the assessee for and on behalf of her clients. Ld. Counsel supported the impugned order and has drawn our attention towards operative part of the impugned order. 9. On careful consideration of above submissions and careful perusal of the impugned order, we observe that the CIT(A) has considered remand report as well as rejoinder of the assessee coupled with additional evidence submitted by the assessee and the additional evidence admitted by the CIT(A) by rightly following the procedure as laid down under Rule 46A of the Rules. The relevant observations and findings of the CIT(A) in para 7.1 of the impugned order read as under:- "7.1 In view of the above statement, I find that the deposits aggreg....