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TMI Blog2013 (5) TMI 743X X X X Extracts X X X X X X X X Extracts X X X X ..... g that the assessee has not shown he rental income in one of his flats. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.3,06,700/- made by the AO on account of unexplained investment observing that there was a difference in the purchase consideration and jantri rate of the shop purchased by the assessee. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.15,00,000/- made by the AO on account of sundry creditors when the assessee failed to prove the identity of the creditor, genuineness and creditworthiness of the assessee." 2. Ld. SR-DR of the Revenue supported the assessment order for all the thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e course of appellate proceedings. Hence, this bill was never produced before AO. Ld. CIT(A) has decided this issue in favour of assessee on the basis of this bill without obtaining any remand report from the AO and hence we are of the considered opinion that this matter should go back the file of Ld. CIT(A) for fresh decision after obtaining remand report from the AO. We order accordingly. This issue is restored back to the file of Ld. CIT(A) for a fresh decision as per above discussion after providing reasonable opportunity of being heard to both sides. 4. Regarding the second issue, we find that it is a case of purchase of property by the assessee for a consideration of Rs.4.08 lakh whereas as per the jantry rate, the value of this prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10-08-2007, the identity of the said person is established. He has also given a finding that genuineness of the creditors is also proved but there is no finding by him regarding creditworthiness of the depositors. This finding is also not given by him as to whether this amount was actually received by the assessee in the present year or in the preceding year. In the absence of this finding, how this issue can be decided on the basis of photo copy of cheque of the preceding year because it may be that one cheque was received in the last year and account was squared up and fresh cheque was received during the present year, for which the assessee is not able to give any explanation. Hence, in our considered opinion, for deciding this issue, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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