Rajesh Bhatia, Delhi vs Assessee

This appeal, preferred by the assessee, is directed against the order dated 14-06-2013, passed by the CIT(Appeals)-IV, New Delhi in appeal no. 138/12-13, relating to A.Y. 2003-04. Following ground is raised:

"The Learned CIT(A) has erred on facts as well as in law in sustaining the addition of Rs. 750000/- even though these two loans are from parties who are regular assesses and confirmations were fully filed before AO as well as before CIT(A). Thus, the appellant ahs discharged the primary onus and AO has nothing against it. The difference in PAN is because in top of the certificate PAN of appellant is given and near the signature PAN of party is given. The CIT(A) never asked about this difference."

2 2. The assessee has filed application under Rule 29 for admission of additional

evidence, filed before the Bench on 21-01-2014, in the form of paper book, as

reproduced hereunder:

1. Affidavit of appellant

2. Confirmation of Smt. Premlata with her account with R.L. Traders;

3. Cheque of Smt. Premlata

4. Slip showing deposit of cheque

5. Confirmation of Shyam Gopal and Sons

6. Bank Account showing receipt of two loans

7. Bank Account showing return of cheque of Smt. Premlata.

3. In the application it is, inter alia, stated that the evidences filed by the

assessee were not placed on record and in the remand report called for by ld.

CIT(A) it was, inter alia, stated that assessee did not file any particulars/ source of

income of parties, their creditworthiness etc. and accordingly ld. CIT(A) observed

that no confirmation letters from the creditors were filed before the AO and the

assessee failed to prove the identity of the creditor, creditworthiness of the creditor

and the genuineness of the transaction.

4. After hearing both the parties, as the evidences filed by assessee before AO

were not considered, we admit the additional evidence filed by the assessee and 3

restore the matter back to the file of AO for deciding the issue de novo after

affording reasonable opportunity to the assessee of being heard.

5. In the result, assessee's appeal is allowed for statistical purposes only.

Order pronounced in open court on 23-01-2015.

Sd/- Sd/- ( H.S. SIDHU ) ( S.V. MEHROTRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 23-01-2015. MP Copy to : 1. Assessee 2. AO 3. CIT 4. CIT(A) 5. DR