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TMI Blog2013 (12) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') dated 21/06/2013 in ITA No. 1010/Rjt/2010 for the Assessment Year 2006-07, the revenue has preferred by the present Tax Appeal with the following proposed substantial question of law; "Whether the ITAT is erred in law as well as on facts in deleting the addition of Rs.1.45 Crores added by the Assessing Officer as unexplained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the same and considering the fact that the aforesaid loan amount of Rs.1,45,00,000/- came to be repaid to said Shri Ishwar Adwani in the next assessment year and considering the identity of the donors, creditworthiness and the genuineness of the loan transactions, CIT(A) deleted the additions made by the Assessing Officer. 4. Being aggrieved and dissatisfied with the order passed by the CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08 of the assessee alongwith the confirmation letter of Shri Ishwar Adwani confirming the loan/advance of Rs.1,45,00,000/- given to the assessee, was produced before the Assessing Officer i.e. on the day the Assessing Officer passed the order and thereafter the same was reproduced before the CIT(A) and the CIT(A) considered the same, the CIT(A) ought to have remanded the matter to enable the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed outstanding to be paid to Shri Ishwar Adwani. It has also come on record that the said loan amount has been repaid by the assessee to Shri Ishwar Adwani in the immediate next financial year and the Department has accepted the repayment of loan without probing into it. In the aforesaid facts and circumstances of the case, when the ITAT has held that the matter is not required to be remanded as n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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