2016 (4) TMI 165

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....,566/- made by the AO u/s. 68 of the I.T. Act. 2. In the facts and circumstances of the case, the Ld. CIT(A) has erred in admitting the additional evidence during the appellate proceedings without following the procedure and principle as per Rule 46A of the Act." 2. The brief facts of the case are that the Return of income was filed on 30.8.2005 at an income of Rs. 1,47,200/- and the same was processed u/s. 143(1). Subsequently, the case was picked up for scrutiny assessment and notice under section 143(2) was issued and served upon the assessee. Thereafter, the assessment order was passed on 24.12.2007 u/s. 143(3)/144 of the Income Tax Act, 1961, assessing the total income of Rs. 58,57,766/- for the assessment year 2005-06, thereby maki....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e by the Ld. CIT(A) is concerned, he stated that the decision of Hon'ble Jurisdictional High Court in the case of CIT vs. Manish Buildwell reported in 204 Taxmann vs. 106 (Del.) is not applicable in the present case. Because during the course of assessment proceedings, Ld. CIT(A) has asked the assessee to furnish the additional evidence and in compliance with the same, assessee has submitted the additional evidences as required by the Ld. CIT(A). Therefore, he stated that there is no violation of the provisions and principles as laid down under Rule 46A of the Income Tax Rules, 1962. He also draw our attention to Section 250(4) of the Income Tax, 1961 under which Ld. CIT(A) has called for the additional documents, which is permissible under....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s impugned order dated 29.8.2008. For the sake of convenience, we are reproducing the para no. 6 to 6.9 of the impugned as under:- "6. Determination: The submissions made by the appell+ant have been carefully considered in view of the facts and circumstances of the case and the provisions of law. It is observed that the Assessing Officer has made the additions u/s 68 of the Act on account of the entire cash and cheque transactions made in the two bank accounts of the assessee in the absence of any details. This, however, cannot be taken as a sufficient ground for making such addition in the absence of any cogent reasons or evidence to the contrary brought on record. 6.1. During the course of the appellate proceedings, the appellant ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iculars of each and every transaction made therein and copy of cashbook have been furnished which have been placed on record. The books of accounts maintained by the assessee have also been produced for perusal during the course of the appellate proceedings. 6.5. As regards the cheque entries in the Savings Bank Alc No. 935 with Canara Bank, Vasant Vihar Branch, it has been submitted that during the year under consideration, the assessee has made purchase of gold by cheque from M/s Khandelwal & Sons, part of which was sold to M/s Unique Gems and payment received by cheque. The corresponding debit and credit entries accordingly appear in the bank account. Copies of sale bills/purchase vouchers have been furnished in support. She has also ....