TaxTMI 
TaxTMI 
2024 (5) TMI 859
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....d. CIT(A) has erred in law and facts in deleting addition made by the AO by not granting opportunity as required under Rule 46A of the I.T. Rules, 1962 before admitting additional evidence as regards to investment of accumulated income of Rs. 2,36,84,845/-in instruments prescribed under section 11 (5) of the Act. 2. The Ld. CIT(A) has erred in law and facts by allowing relief to the assessee without verifying the genuineness of claim of investment of accumulated income in modes prescribed under section 11(5) of the Act. 3. The order of Ld. CIT(A) be cancelled and the order of the AO be restored." 3. Briefly stated, the assessee trust is engaged in implementing a project in 8 districts of the state of Uttarakhand, under ....
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....he addition of Rs. 2,36,84,845/- u/s 11(3)(b) of the Act. 4. Aggrieved, the assessee carried the matter in appeal before the Ld. CIT (A), who deleted the entire addition by observing and recording the following findings: "6.1.1 Vide the first ground of appeal the appellant has challenged the addition of Rs. 2,36,84,845/- u/s 11(3)(b) of the Income Tax Act made by the AO vide the assessment order dated 24.05.2021. In this case the AO has made this disallowance on account of failure on the part of the appellant to submit documentary evidences that the surplus of the society has been invested in the modes prescribed in Section 11(5) of the Income Tax Act. 6.1.2 During the appellate proceedings, the appellant has s....
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....400PU00000118 - Rs 7,82,458.50 FDR with PNB A/c Number. 102400PU00000127 - Rs 7,82,463.50 FDR with PNB A/c Number. 153200PU00002637- Rs 15,15,831.00 FDR with OBC A/c Number 15053031010168 - Rs 7,73,801.00 Andhra Bank/UBI 241810100012145- Rs 31,62,230.00 Andhra Bank/UBI 241810100012154 - Rs 58,60,701.50 PNB SB A/c 1532000101266931- Rs 43,93,107.55 PNB SBA/c 1532000101289710- Rs 18,62,481.00 HDFC A/C 08931450000204 - Rs 5,98,645.72 SBI SB A/c 35771724903 - Rs 38,31,969.50 SBI SB A/c 10587496367- Rs 93,67,702.98 OBC A/c 08319 Rs 5,157.00 ICICI A/C NO. 159301000743 - Rs 7,85,317.00 ICICI 159301000454 - Rs 53,882.00 ICICI A/c 159301000783 ....
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....judicating the assessee's appeal, the Ld. CIT(A) has admitted additional evidence without granting any opportunity to the Ld. AO under Rule 46A of the Income Tax Rules, 1962 to give his comments/ counter on the same. The Ld. Sr. DR pointed out that in para 6.1.2, the Ld. CIT(A) has stated that during assessment proceedings, the assessee could not produce the complete documents and details with the Ld. AO. The Ld. CIT(A) also mentioned that the assessee submitted the bank account statements and FDRs; copy thereof as proof. The Ld. Sr. DR laid emphasis on the fact that the Ld. CIT(A) allowed the appeal and deleted the entire addition without affording any opportunity to examine the veracity of additional evidence produced by the assessee. The....
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....evidence which have been admitted by the Ld. CIT(A) despite noting the facts that complete details and documents were not produced before the Ld. AO. This is clear violation of Rule 46A of Income Tax Rules, 1962 as circumstances enumerated in clause (a) or (b) or (c) of sub-rule (1) of Rule 46A did not exist so as to entitle the assessee to produce before the Ld. CIT(A) any evidence other than the evidence produced before the Ld. AO. 9. We have perused the decision of the Hon'ble Delhi High Court in Manish Buildwell Pvt. Ltd. (supra) we reproduce para 24 thereof below: "In the present case, the CIT(A) has observed that the additional evidence should be admitted because the assessee was prevented by adducing them before the asses....