2021 (6) TMI 442

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....d six grounds in its Quantum appeal No. ITA 2202/H/2017 however, the cruxes of the issues are as follows: (i) The Ld. CIT (A) has erred in deleting the addition made by the Ld. AO amounting to Rs. 3,58,10,000/- U/s. 68 of the Act relying on the additional evidence filed by the assessee without calling for remand report from the Ld. AO. (ii) The Ld. CIT (A) has erred in deleting the addition made by the Ld. AO for Rs. 34,66,340/- who had estimated the income of the assessee which was agreed by the assessee at the time of assessment proceedings. 3. The brief facts of the case are that the assessee is a private Limited Company engaged in the business of trading in Auto Parts and Iron filed its return of income for AY 2013-....

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.... by stating that all the evidence filed by the Ld. CIT (A) was before the Ld. AO and hence it was not necessary for the Ld. CIT (A) to obtain remand report as there was no fresh evidence filed before the ld. CIT (A). It was therefore pleaded that the appeal of the Revenue may be dismissed. 7. We have heard the rival submissions and carefully perused the materials available on record. Neither by reading the order of the Ld. AO nor by examining the paper book filed by the assessee, we find any evidence to establish that the assessee has filed the confirmation statements and other requisite documents before the Ld. AO which was filed before the Ld. CIT (A). Moreover it is evident from the paper-book filed before us that the income tax retur....