2017 (11) TMI 2057

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....al. For the Respondent :- C.S.C., IT, Krishna Agarwal. ORDER 1. Heard Sri Suyash Agarwal, learned Counsel for the appellant and Sri Krishna Agrawal, learned Counsel for the respondent-department. 2. This appeal has been filed against the order dated 23.08.2012 passed by the Income Tax Appellate Tribunal for the assessment year 2005-2006 raising following substantial questions of law:- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eciding the appeal on merits ?" 3. In short certain additions were made by the assessing officer under Section 68 of the Income Tax Act, 1961 (here-in-after referred to as the 'Act'). These additions made were on account of the excess loan by the assessee of Rs.15,00,000/- to one M/s Rohini Construction (P) Ltd. Rs.6,16,382/- on account of cash credit entry in land sale account and anot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ubmits that the powers of the CIT (Appeals) were very wide and though the assessee had not preferred any application in terms of Rule 46-A of the Income Tax Rules, 1962, yet in view of Section 250 (4) read with Section 250 (5), the Commissioner (Appeals) ought to have directed for an inquiry to be made in respect of the written submissions made by the assessee before the CIT (Appeals). He placed r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed in his account books. It was for the assessee to have led evidence before the assessing officer in that regard. Admittedly, the assessee did not lead such evidence and the assessing officer, therefore, proceeded to make the additions under Section 68 of the Act. Then, in appeal also the assessee did not file any additional evidence, which was the duty of the assessee alone. "The assessee did no....