2020 (4) TMI 710

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....course of hearing, the ld AR of the assessee has taken additional ground which reads as under: "In the facts and circumstances of the case and in law, the ld. CIT(A) has erred in not accepting additional evidences furnished by the assessee. The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by accepting the said additional evidences." 4. It was argued by the ld AR that the above ground is a legal ground, a relevant facts are available on record and no new facts are required to be evaluated nor is any further enquiry needed. The provisions of law are to be applied on the facts already available on record. 5. From the record, I found that all the facts....

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.... Kumar Rathi in the books of the firm is at PB 13-15 and similarly, capital account of Sh. Rajkumar Rathi in the books of firm is at PB 18-19. Smt. Kanta Hurkat, however, had expired on 22-10-2010. Death certificate was also filed before the A.O. The bank account of Smt. Kanta Hurkat, through which repayment of her loan by the firm and subsequent loans by her to the partners took place was maintained jointly by Smt. Kanta Hurkat and her husband Sh. Manakchand Hurkat. The said evidence of joint bank account was before the lower authorities. 8. The AO has added a sum of Rs. 25,00,000 holding that the assessee firm cannot return the loan to a dead person and a dead person cannot give loan to the partners. Ld. CIT(A) confirmed the order of t....

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....ment was made to her legal heir Shri Manak Chand Hurkat through bank account operated jointly by late Kanta Hurkat and Shri Manak Chand Hurkat and as such it was operated by Shri Manak Chand Hurkat after death of Smt. Kanta Hurkat. The ld. CIT(A) should have accepted this clarification but he did not appreciate the same and just confirmed the order of the A.O. I found that as the case was time barring and the assessee could not obtain confirmation of such transactions from the legal heir of Late Kanta Hurkat, the case was finalised by the A.O. on 22/03/2016 U/s 143(3) of the Act. As the confirmation has been obtained later on and essential evidence to decide the case, the same was filed before the ld. CIT(A) but he declined to entertain the....