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2012 (2) TMI 95 - ITAT, DELHIBest judgment assessment - CIT (A) while upholding various dis-allowances gave partial relief – deleted dis-allowance made on account of unexplained credit – Revenue contending that CIT(A) admitted the additional evidence in contravention of Rule 46A – assessee contesting upholding of various dis-allowances – A.Y. 05-06 - Held that:- When the relevant books of accounts/vouchers have not been produced before the AO or the CIT(A) nor the relevant evidence has been examined by these authorities, we consider it fair and appropriate to vacate the findings of CIT(A) and restore the matter to the file of the AO to decide afresh. Further with regard to transfer of amount from share application money to general account not categorized by CIT(A) as cessation of liability in A.Y. 07-08 – Held that:- Since the Revenue have not placed before us any material controverting the aforesaid findings of facts recorded by the CIT(A) so as to enable us to take a different view in the matter therefore, appeal of revenue is dismissed – Decided in favor of Revenue & assessee for statistical purposes.
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