TaxTMI 
TaxTMI 
2025 (3) TMI 1855
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....2. The revenue has raised the following grounds : " 1. The Ld. CIT(A) order is erroneous and is contradictory to the facts of the case. 2. The Ld. CIT(A) erred in stating that remand report has not been submitted, whereas, remand report was already submitted before the date of appellate order. 3. The Ld. CIT(A) erred in not considering the remand report which was already submitted, while passing the appellate order. 4. Any other ground which may be urged at the time of hearing." 3. The brief facts of the case are that the assessee is an individual, filed his Return of Income ("ROI") for A.Y. 2017-18 on 13.11.2017 admitting total income of Rs. 8,50,000/-. The case of the assessee was selected for limite....
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....to the total income of the assessee. Finally, the Ld. AO completed the assessment u/s.144 of the Act on 02.12.2019 at total income of Rs. 1,14,77,774/-. 4. Aggrieved with the order of Ld. AO, the assessee filed appeal before the Ld. CIT(A). The Ld. CIT(A) deleted all the additions made by the Ld. AO and allowed the appeal of the assessee. 5. Aggrieved with the order of Ld. CIT(A), the revenue is in appeal before the Tribunal. The primary contention of the revenue before us is that the Ld. CIT(A) erroneously mentioned in para no.4.2 of his order that the Ld. AO did not file any remand report, whereas the Ld. AO had in fact submitted a remand report on 18.08.2024. Thus, the Ld. CIT(A) had passed the impugned order on 21.08.2024 without ....
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....o adverse findings in the remand report of Ld. AO, which ultimately do not effect the findings of the Ld. CIT(A). Hence, the Ld. AR prayed before the bench to uphold the order of Ld. CIT(A). 7. We have heard the rival contentions and also gone through the record in the light of the submissions made by either side. We have gone through the para no.4.2 of the impugned order, wherein the Ld. CIT(A) has mentioned that no remand report was received from Ld. AO. We have also gone through the para nos. 3(iii) to (v) of the remand report dated 18.08.2024 which are to the following effect : (iii) With respect to cash deposits of 32,54,999/-, observations are as under : a. Axis Bank : In assessment order, the amount of cash depos....
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....pect to source for payments for purchase consideration : Purchase consideration for purchase of immovable property amounted to Rs. 1,35,90,500/-. It was already mentioned in the assessment order that an amount of Rs. 69,64,563/- was sourced out of loan from PNB Housing Finance. Balance amount to be explained is Rs. 66,25,397/-. On perusal of assessee's bank accounts which were given as part of additional evidence, the payments made are seen to be as under : Date in Bank statement Amount * Bank Account Account Number 22-02-2016 10,00,000 Assessee's - Axis Bank account 913010033141037 03-03-2016 21,06,400 Partnership firm bank account Union Bank: 121613100012491 12-07-2016 10,00,000 ....
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...., it is seen from returns of income that the assessee had taxable income of Rs. 3,33,930 in AY 2014-15 Rs. 4,68,093/- in AY 2015-16 and Rs. 7,69,360/- in AY 2016-17, totalling to Rs. 15,71,383/-. Assessee's prayer is that the same is also source for Rs. 1,65,000/- cash deposits in Axis Bank mentioned above. Assessee's returns are perused and the said incomes are found to be correct. On perusal of above, we found that the Ld. AO accepted the explanation of the assessee in the remand report regarding the additions made by him in his order u/s.144 of the Act dated 02.12.2019. The revenue's main objection is that the Ld. CIT(A) did not consider the remand report before passing the order. However, upon perusal of the remand report, it....