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TMI Blog2012 (6) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... the material with regard to the repayment of the loan was not before the Tribunal, hence it would be appropriate if the impugned order is set aside and the matter is remitted to the Tribunal to consider the issue afresh. - ITA 161/2011 - - - Dated:- 30-5-2012 - MR JUSTICE BADAR DURREZ AHMED, MR JUSTICE V.K. JAIN, JJ. For the Appellant : Ms Sonia Mathur For the Respondent : Mr Sanje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not be brought to tax in the hands of assessee as Income from other sources ? 2. During the course of arguments, the learned counsel for the appellant drew our attention to the fact that the appellant had mentioned in paragraph 3 of this appeal itself that the amount that was taken as loan had, in fact, been repaid. Paragraph 3 of the appeal reads as under:- 3. That ld. Tribunal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead of income from other sources with regard to the alleged loans taken by the assessee. At that point of time, the Assessing Officer had not required the assessee to produce any evidence with regard to repayment of the alleged loan amount. It is the case of the learned counsel for the appellant/ assessee before us that the loan amount had been repaid prior to the passing of the assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Appellate Tribunal. The revenue s appeal was partially allowed by enhancing the addition of ₹ 80,000/- to ₹ 9,48,375/-. 4. It appears from paragraph 14 of the impugned order passed by the Income Tax Appellate Tribunal that the addition has primarily been made on the ground that the assessee could not show that the loans had, in fact, been repaid by the assessee. Another aspe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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