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Judgment
PER KRINWANT SAHAY AM
Appeal in this case has been filed by the assessee against the order dated 24.04.2026 passed by the Ld. CIT(A)-24, Delhi for the 2018-19. Grounds of appeal are as under :-
1.The Honourable Assistant Commissioner of Income Tax has wrongly added an amount of Rs. 5435430/- and the Honourable Commissioner of the Income Tax (Appeals) has also wrongly 1 confirmed the addition without properly considering the evidence. The Evidence may kindly be considered in the interest of natural justice and an adequate opportunity of being heard may kindly be granted to the Appellant.
2.The Honourable Assistant Commissioner of Income Tax has wrongly added the entire sale proceeds of Bitcoin amounting of Rs. 4047736/-U/s 68 of the Income Tax Act, 1961. Further the Honourable Commissioner of the Income Tax (Appeals) has wrongly confirmed the addition merely on the basis that the documents furnished at the Appellate stage cannot be accepted which is arbitrary and unjust with the Appellant. The documents /evidence submitted by the Appellant may kindly be considered in the interest of natural justice and the case may kindly be decided on merits.
3.Any other ground of appeal which may be taken before the 3 hearing of appeal with the permission of the honorable Income Tax Appellate Tribunal.
Total Tax Effect Rs. 54,35,430
During proceedings before us the ld. Counsel of the assessee argued on the first ground of appeal wherein it has been stated that the Ld. CIT(A) wrongly confirmed the additions without properly considering the evidences. It was also brought to the notice of the Bench that the documents which the assessee wanted to file before the Ld. CIT(A) were rejected and were not considered for finalizing the appeal.
Per contra the ld. DR relied on the orders of the authorities below.
We have considered the findings given by the authorities below and we have also considered the arguments of both the parties during proceedings before us. We find that the assessee did not file required details before the AO and because of that the AO made the additions but the Ld. CIT(A) did not accept those additional evidences and confirmed the order of the AO. Therefore, keeping in view the element of natural justice, we are inclined to remand this issue to the file of the Ld. CIT(A) with a direction to make fresh adjudication in this case. All the additional papers and documents filed before us are accepted and the assessee is also directed to file all required details and documents before the Ld. CIT(A) once again. The Ld. CIT(A) will pass fresh adjudication order after giving adequate opportunity to the assessee as required under law. Accordingly, the appeal is remanded back to the file of the Ld. CIT(A).
In the result, the appeal of the assessee is allowed for statistical purposes.