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Judgment
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal ITA no. 5198/Del/2025 for assessment year 2011-12 arises against CIT(A)/ NFAC, Delhi’s order dated 18.03.2024 (DIN & Order No. ITBA/NFAC/S/250/2023-24/1062838479(1), in proceedings u/s 147 r.w.s. 144 of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
Coming to the sole substantive issue between the parties herein, it transpires during the course of hearing that both the learned lower authorities have treated the assessee’s cash deposit of Rs. 30,00,000/- as unexplained u/s 68 of the Act, in assessment order dated 26.12.2018 as upheld in lower appellate discussion.
That being the case, learned counsel has invited the tribunal’s attention to the assessee’s additional evidence application seeking to place on record his relevant explanation duly supported by documents that he could not plead and prove all the relevant facts in the lower appellate proceedings.
The Revenue could hardly dispute that the assessee’s additional evidence sought to be admitted goes to the root of the matter which accordingly deserves to be admitted therefore. It is thus deemed appropriate in the larger interest of justice to remit the same back to the learned CIT(Appeals) for its afresh adjudication after all factual verification(s) subject to a rider that the assessee herein shall himself plead and prove all the relevant facts at his own risk and responsibility preferably within three effective opportunities in consequential proceedings. Ordered accordingly.
This assessee’s appeal ITA No. 5198/Del/2025 is allowed for statistical purposes.