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Issues:
Controversy over addition of Rs. 30,000 as unexplained investment for assessment year 1975-76. Analysis: The case involved a dispute regarding the addition of Rs. 30,000 in the assessment as unexplained investment, with the ld. AAC sustaining Rs. 20,000. The assessee contended that the investment was explained through various sources, including cash from past savings, agricultural income, and income from the wife's tailoring business. The ITO, however, concluded that the investment remained unexplained due to lack of supporting evidence such as books of account for the kabadi business and earnings. The AAC reduced the addition by Rs. 10,000 based on estimated savings. Both the Revenue and the assessee appealed the decision. The Revenue argued that the deletion of Rs. 10,000 was unjustified, while the assessee claimed that the entire amount should be considered properly explained. The Tribunal emphasized the importance of fair and judicious assessment by the ITO based on available material and evidence. It noted that the assessee had contributed capital in the form of old motor parts and iron scraps, supported by entries in the firm's books and affidavits confirming the kabadi business. The Tribunal criticized the ITO and AAC for not properly appreciating the evidence presented, especially the entries in the firm's books and the unrebutted affidavits. It deemed the rejection of the assessee's version solely based on the absence of personal books of account as incorrect. The Tribunal concluded that the Revenue failed to establish a valid case for the addition of Rs. 30,000 and directed the deletion of the remaining Rs. 20,000. In the final decision, the Tribunal held that the addition of Rs. 30,000 was unjustified, leading to the success of the assessee's appeal and the failure of the Revenue's cross-objection.
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