TaxTMI 
TaxTMI 
2026 (8) TMI 1463
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....less Appeal Centre, Delhi ["learned CIT(A)"] for the assessment year 2017-18. 2. In this appeal, the assessee has raised the following grounds: - General and all pervasive grounds 1. The order passed by the learned Commissioner of Income Tax (Appeals) under section 250 of the Act, is opposed to law, equity, weight of evidence, natural justice, probabilities, and facts and circumstances of the Appellant's case. 2. The appellant denies himself liable to be assessed on a total income of Rs. 26,64,274/- as against the retuned income of Nil under the facts and circumstances of the case. Grounds on rejection of additional evidence under rule 46A of the Income Tax Rules, 1962 and violation of principles o....
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....n serious prejudice to the Appellant and amounts to violation of the principles of natural justice, as the evidences go to the root of the matter and are essential for proper adjudication of the issue involved in the appeal. 8. The Learned Commissioner of Income Tax (Appeals) ought to have appreciated that the show cause notice issued by the Learned Assessing Officer was served on 12.11.2019, requiring the appellant to furnish the details called for on or before 16.11.2019, thereby granting an unreasonably short time for compliance. 9. The Learned Commissioner of Income Tax (Appeals) ought to have appreciated that the appellant had submitted certain documents in response to the show cause notice on 15.11.2019, and had spec....
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....ls) failed to appreciate that the learned Assessing Officer is not justified in invoking the amended provisions of section 115BBE of the Act to levy tax at the rate of 60% and surcharge thereon at 25% when the amendment to section 115BBE was prospective and consequently could not have been applied for the transaction undertaken during the year on the facts and circumstances of the case. 14. The appellant craves leave to add, alter, modify, delete or substitute any or all of the grounds and to file a paper book at the time of hearing the appeal. 15. In view of the above and other grounds that may be urged at the time of the hearing of the appeal, the Appellant prays that the appeal may be allowed in the interest of justice ....
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....f documentary proof or evidence regarding agricultural activities, the AO held that the assessee had failed to satisfactorily explain the agricultural income by supporting it with documentary evidence. Accordingly, the entire exemption of Rs. 26,64,274/- on account of agricultural income was denied, and the amount was added to the total income of the assessee under section 69A of the Act. 4. During the appellate proceedings before the learned CIT(A), the assessee filed an application seeking admission of additional evidence under Rule 46A of the Income Tax Rules, 1962 ("the Rules"). However, the learned CIT(A), vide impugned order, rejected the application filed by the assessee on the basis that no sufficient cause was demonstrated by th....
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....s are part of the paper book filed in the present appeal. 6. On the other hand, the learned Departmental Representative ("learned DR") submitted that even though the assessee filed partial details during the assessment proceedings, the balance details now produced by the assessee have not been examined by any of the lower authorities, and therefore, need verification. Accordingly, the learned DR submitted that the matter may be restored to the file of the AO for necessary examination of the documents now furnished by the assessee. 7. Having considered the submission of both sides and perused the materials available on record, since the dispute in the present case is regarding the genuineness of the claim of the assessee of earning agr....