2025 (7) TMI 875

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.... for short) arising out of the order of passed by the Assessing Officer (hereinafter referred to as "AO") under section 143(3) of the Act pertaining to Assessment Year 2016-17. 2. The assessee has raised the following grounds of appeal: "1. The Learned Commissioner of Income Tax (Appeals) erred in remanding the matter to the Assessing Officer without informing the appellant. 2. The Learned Commissioner of Income Tux (Appeals) erred in relying on the remand report without giving proper opportunity to the appellant. 3. The learned Commissioner of Income Tax (Appeals) erred in coming to the conclusion that the loans taken by Dipakbhai N Paid PAN No. AFMPPS064Q was not proved and hence the investment of Rs. 2,18,19....

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....he assessee explained to the AO that, in fact the husband of the assessee viz. Shri Dipakbhai Naranbhai Patel had purchased the said two agriculture properties, and that the said investment was shown in his income tax return ("ITR"); that the name of the assessee was introduced as joint-owner by her husband only for the sake of convenience. The assessee also furnished the copy of the ITR of her husband for Asst.Year 2016-17 along with details of long-term unquoted investments, attached as Annexure-5. The AO, however, was not convinced with the above reply, and held that the assessee had failed to prove the source of investment. He, therefore, made impugned addition to the extent of 50% of the sale price in the aforesaid two properties, bein....

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....llate proceedings, the assessee duly demonstrated that the assessee herself did not make any investment in the properties. Her husband had purchased the properties in the joint-name with the assessee for the purpose of convenience, etc. However, the entire investment was made by her husband viz. Shri Dipakbhai Naranbhai Patel. It was also submitted that the details of entire investment were duly reflected in the books of accounts and duly furnished along with return of income. Even, the assessee also furnished the source of investment. Under these circumstances, the investigation regarding the source of investment in the properties by her husband, Shri Dipakbhai Naranbhai Patel, could have been done while making the assessment proceedings r....