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TMI Blog2013 (3) TMI 73X X X X Extracts X X X X X X X X Extracts X X X X ..... dy on record before the Assessing Officer which he failed to consider and, therefore, it is not a case of filing of any additional evidence but appraisal of evidence, which was already on record - the question of calling for a remand report does not arise. So far as the second contention that it was not a case of long term capital gain is concerned, we may mention here that the purchase of shares ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied in not appreciating the fact that the CIT(A) had admitted new evidences from the assessee without calling for a remand report from the A.O. Thus, it is clearly a violation of Rule 46A(3) of the Income Tax Rules? 2. The Income Tax Appellate Tribunal has ignored the evidence available with the A.O. which clearly proves that the Long Term Capital Gains disclosed by the assessee is bogus and is c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) who vide order dated 30.09.3009 had allowed the appeal and deleted the addition, which order has been affirmed by the Tribunal. We have heard Sri Govind Krishna, learned senior standing counsel appearing for the Revenue and Sri Ashish Bansal, learned counsel appearing for the respondent assessee. Sri Krishna, learned counsel submitted that unless remand report was called for by the Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of calling for a remand report does not arise. So far as the second contention that it was not a case of long term capital gain is concerned, we may mention here that the purchase of shares in question have not been doubted. The details of purchase of shares were already on record. The sale of shares have also not been doubted as income from the sale of shares has been assessed as income from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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