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TMI Blog2012 (10) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... n the books of accounts and there is no room for any estimation for making addition u/s 69B, and for extending the implication of the expression ‘expended’ used in Section 69B, so far as the sale of the shares is concerned. Accordingly, the addition made in the original assessment by taking the value of Rs.5000 per sq. yard was deleted by the CIT(A). Since CIT(A) observed that since the origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R D E R PER R.K. GUPTA, JUDICIAL MEMBER This appeal has been preferred by the Revenue against the order of Commissioner of Income Tax(A) dated 02.05.2011. 2. The only ground in the appeal of the department is against deleting the addition of Rs.77,50,000/-. Brief facts of the case are that regular assessment order u/s 143(3) was passed on 28.2.2006. It is observed in para 23 of the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsequently made a further addition of Rs.77,55,000 while passing order u/s 154 against which the assessee preferred an appeal before the Commissioner of Income Tax(A) who allowed the appeal of the assessee. Now against this order of Commissioner of Income Tax(A), the department is in appeal before the Tribunal. 3. Ld. DR has placed reliance on the order of the Assessing Officer. None appeared o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee had received something more than what has been disclosed in the books of accounts and there is no room for any estimation for making addition u/s 69B of the IT Act, and for extending the implication of the expression expended used in Section 69B, so far as the sale of the shares is concerned. Accordingly, the addition made in the original assessment by taking the value of Rs.5000 per s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t as neither any material nor any other evidence was brought on record to establish otherwise. The addition made originally has already been deleted by the predecessor of the present Commissioner of Income Tax(A) and, therefore, further enhancing any addition without any material was also liable to deleted which was rightly deleted by the Commissioner of Income Tax(A). Accordingly, we confirm the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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