Tribunal held, that the CIT(A) had categorically observed that the confirmation was filed with the AO. He sought a remand report from the AO in respect of the additional evidence filed by the assessee. Therefore, the confirmations filed for the first time before the CIT(A) was justified. The AO was given sufficient opportunity to rebut the evidence. Deletion of addition is held to be valid. (AY.2012-13)
Dy.CIT v. NIC Construction P. Ltd. (2020)77 ITR 78 (SN) (Indore) (Trib.)
S. 68 : Cash credits–Additional evidence–AO is given sufficient opportunity to examine the additional evidence–Deletion of addition s held to be justified. [S.151, R.46A]