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Whether on the facts and in the circumstances of the case the ITAT was justified in holding that the said amount of Rs. 80 lakhs is deemed to be unexplained expenditure under proviso, to section 69C, of the IT Act, without considering the evidence/material placed on record by the assessee, justifying that the said amount was expended by assessee from bank account ?

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Sec. 69C of the Income-tax Act, 1961 – Unexplained expenditure –  The issue involved in the appeal relates to deemed unexplained expenditure under the proviso to Section 69C of the IT Act, 1961. The ITAT in the impugned order held that an amount of Rs. 80 lakhs expended by the appellant was required to be treated as unexplained expenditure and, consequently, deemed income of the appellant-assessee. In the appeal before the ITAT, the appellant through an application produced on record certain documents, inter alia, include reference to certain cheques, which, explains as the source of the amount and the source of the expenditure. All this material has not even been considered. In particular, there is no discussion on whether such material could be admitted in evidence at the appellate stage or not and thereafter considered. Thus, High Court disposed of the Tax Appeal of Appellant directing the ITAT to considers the appellant's application seeking leave to produce additional document, in accordance with law and on its own merits – BRAGANZA CONSTRUCTION (P.) LTD. Vs ASSTT. CIT [2020] 271 TAXMAN 173 (BOM)

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