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2022 (4) TMI 896

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.... verification of details. Hence need to be quashed and deleted. (B) For that the alleged unexplained investment found in purchase of land at Rs. 32,10,224/- measuring Ac. 0.26 dec. and Ac. 0.14 decimals at different places in the locality, the amount was invested by the husband of the Appellant therefore the submission of the Appellant made regarding purchase of land for Philips Carbon Black Limited (PCBL) through Raj Kumar Shukla and payments were made from his Indusind Bank Account in cheque on 21.09.2021,(sic) but the purchases of land were registered in the appellant's name on behalf of R.K. Shukla who was out of station and this was done in the extreme urgency stage presuming that delay in executing the transfer of property would....

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....on of Rs. 52,50,000/- under unsecured cash credit regarding the gifts, donations received from the relatives, and the details furnished describing the donors, etc. should have been verified and deleted. Hence the order passed should be quashed. (G) For that the entire Assessment is made in a most whimsical, absurd, slipshod method although the Appellant furnished the explanation from time to time and made appeals furnishing the books of account available with them. The Ld. Assessing Officer had no justification to proceed for passing order initiating proceeding U/s. 147 of the I.T. Act and should not have treated as escaped income unless tangible materials found after completion of the Assessment otherwise the proceedings taken U/s. 69 of....

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....ithout confrontation, even if the details were submitted by the Appellant at the time of hearing. (F) For that the Forums below in a routine manner made the disallowance without allowing the materials furnished and in case of further information no chance was given but passed the order beyond the purview of the statute. Hence the order passed needs to be quashed. (G) For that the forum below should have examined the detail information furnished and without inference and without running and brushing the details in cryptic manner, hence the order should have been quashed." 3. Ld A.R. of the assessee referred to three applications dated 19.11.2019, 31.10.2020 and 12.10.2021 filed before the Tribunal, wherein, it was contended that the ass....

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....case. Ld Sr DR submitted that the additional evidences were after thought and prepared to suit the assessee. 5. We have heard the rival submission and perused the record of the case. From the orders of lower authorities, it is clear that the additions/disallowance have been made for want of books of account as well as cash book of the assessee. We reproduce below Rule 29 of I.T. Rules: "29. Production of additional evidence before the Tribunal.--The parties to the appeal shall not be entitled to produce additional evidence either oral or documentary before the Tribunal, but if the Tribunal requires any documents to be produced or any witness to be examined or any affidavit to be filed to enable it to pass orders or for any other substant....