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2012 (9) TMI 194

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..... k account, and from relative and other party, bank accounts of whom had been furnished. Therefore, amount is fully explained with the facts and documentary evidence. Deletion of addition upheld - Decided against Revenue - I.T.A. No.2137/Del/2012 - - - Dated:- 27-7-2012 - SHRI I.C. SUDHIR, AND SHRI T.S. KAPOOR, JJ. Appellant by : Smt. Veena Joshi,. Sr. DR. Respondent by : Shri J.P. Gulati, Advocate. ORDER PER TS KAPOOR, AM: This is an appeal filed by the revenue against the order of Ld CIT(A) dated 17.10.2012. The grounds raised by the revenue are as under:- 1. Whether on the facts and circumstances of the case, the CIT(A) has erred in deleting the addition made on account of income from undisclosed sources as the as .....

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..... h copy of return, balance sheet and P L A/c belonging to the depositor and was also asked to explain relationship with assessee, reasons for loan along with affidavit duly notarized by India High Commission/Embassy in USA. The assessee did not file necessary documents despite repeated request by Assessing Officer on dated 9.11.2009, 16.11.2009, 24.11.2009 10.12.2009. On 18.12.2009, the assessee filed his own affidavit stating that it would take time to get notarized affirmation from non resident. The Assessing Officer gave last opportunity for filing the documents and fixed the date for 21.12.2009 on which date again the assessee did not file any document. In view of the above, the Assessing Officer added back the amount of Rs.86,40,000/- .....

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..... 34 of Mrs. Kalpana Dalal originated from earlier credit balance of earlier year. Rs.6800/- from Bank A/c No.61425 belonging to Dr. RS Chakravarty. Rs.800/- from Bank A/c No.61439 belonging to Ruchi Chakravarty. 4. The Ld AR also submitted copies of bank accounts as additional evidence and requested for admission of documents as additional evidence:- iii) That as regards addition of Rs.15,50,000/- the same was also received from Mrs. Kalpana Dalal who had received it from Jeet Rani who is sister of assessee s wife. Jeet Rani had received an amount of Rs.15,03,657/- from LIC as maturity proceeds of Policy No.113290044 which was encashed on 28.6.2006 who had issued cheque on 7.,7.2006 for Rs.15,50,00/- in favour of Mrs. Kalpana Dalal. .....

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..... Therefore, in view of the above, the Ld Dr argued that deletion has been made by ld CIT(A) without considering the contradictory statement of assessee and therefore should be reversed. 9. On the other hand, the Ld AR argued that trail of entries is well explained and no amount can be said to be unexplained. In this respect he invited our attention to paper book pages 5-30 where all documents explaining the entries were placed. 10. We have heard the rival submissions of both the parties and have gone through the material available on record. We have observed that assessee had received Rs.26,05,000/- and Rs.15,50,000/- into his bank account No.0619000101211534 with Punjab National Bank on 5.4.2006 and 15.7.2006 (paper book page 42). The a .....

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