2021 (11) TMI 500

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.... "11. In the facts & circumstances of the case I find in absence of requisite details & proper explanation. "Cash in Hand" of Rs. 23,22,115/- for the period ended on 31.03.2016 (leaving "Opening cash balance" as on 01.04.2015 of Rs. 17,415/-) remains unexplained and therefore added Rs. 23,22,115/- under section 68 of the Act to the total income of the assessee. Further tax payable on above income of Rs. 23,22,115/- is computed u/s. 115BBE of the Act for the assessment year 2016-17. 3. Aggrieved by the aforesaid order, the assessee preferred an appeal before the Ld. CIT(A), who did not allow the assessee to file additional evidence which could not be produced before the AO and he confirmed the order of the AO and passed certain directions....

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....onal/relevant evidence. It has been brought to my notice that during the appellate proceedings, the Ld. CIT(A) never raised any queries about reason for not filing the material/documents/explanation called for by the AO. According to Ld. A.R., the reason for not filing the material during the assessment proceedings were due to mis-placement of the notice u/s. 142(1) of the Act, which led to the non-filing of documents/explanation during assessment proceedings. After taking note of the backdrop of the case, I am of the view that assessee was prevented by reasonably cause for not presenting the documents/material/explanation before the AO. In such a scenario the whole matter need to be restored back to AO for fresh assessment. For doing that,....