9911796707
TMI Blog2012 (9) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... ered in the proper perspective. The grievance of the Revenue is that even the CIT (Appeals) has accepted the contention of the assessee in violation of the provisions of Rule 46A of the Income Tax Rules. The plea of the assessee in this regard is that no fresh evidence was furnished before the CIT (Appeals). In view of aforesaid, we deem it fit to restore the matter back to the file of the AO to decide all the issues de-novo. - ITA No.139/Chd/2012 & ITA No.180/Chd/2012 - - - Dated:- 26-6-2012 - SHRI T.R. SOOD, AND Ms. SUSHMA CHOWLA, JJ. Assessee by : Shri Tej Mohan Singh Department by : Shri Akhilesh Gupta, DR ORDER PER SUSHMA CHOWLA, J.M, : The cross appeals filed by the Revenue and the assessee are against the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of income Tax has erred in assessing total income at Rs.1,51,79,140/- as against the returned income at Rs.7,02,980/- without rejecting the books of accounts of the assessee. 3. That the Ld. Additional Commissioner of income Tax has erred in treating the genuinely claimed expenses as bogus at Rs.14,05,811/-. 4. That the Ld. Additional Commissioner of income Tax has erred in making addition on the allegation of unexplained investment at Rs. 54,54,294/- U/S 69 of the Income-tax Act, 1961. 5. That the Ld. Additional Commissioner of income Tax has erred in making addition on the allegation of unexplained cash credit at Rs. 76,16,051/- U/S 68 of the Income-tax Act, 1961. 6. That the Ld. Additional Commissioner of income Tax has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of unexplained cash credits in the bank account totaling Rs.7,61,605/-. Further the Assessing Officer had estimated income in the hands of the assessee without rejecting the books of account of the assessee. 6. The CIT (Appeals) deleted the addition made under sections 69 and 68 of the Act, however confirmed other additions made by the Assessing Officer. 7. The assessee is in appeal against the order of the CIT (Appeals) in confirming the addition. The Revenue is aggrieved by the order of the CIT (Appeals) primarily because of violation of provisions of Rule 46A of the Income Tax Rules. 8. Shri Tej Mohan Singh appeared on behalf of the assessee and Shri Akhilesh Gupta put in appearance on behalf of the Revenue and put-forward ..... X X X X Extracts X X X X X X X X Extracts X X X X
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