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2017 (6) TMI 552

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..... ay Kumar Vyas, JJ. For Appellant : Mr. R.B. Mathur JUDGMENT Per Hon ble Jhaveri, J. 1. By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has confirmed the order of the CIT(A) which has allowed the appeal of the assessee and dismissed the appeal preferred by the department. 2. This court while admitting the appeal on .....

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..... order of CIT(A) wherein the CIT(A) has in para 6 7 held as under: 6 The next ground of appeal relates to the reply of the appellant assessee company submitted on 14.2.2002 that the books of accounts, documents and other relevant records of the company have been sealed and locked by the official liquidator in the case of M/s Lok Vikas Finance Corporation. This matter has been dealt with by t .....

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..... but in the instant case the appellant assessee has failed to furnish the requisite details and documents. Therefore, this ground of appeal has no weight and the same is rejected. 7. The next ground of appeal related to an addition of ₹ 1,35,50,063/-, interest claimed on unexplained deposits ₹ 24,26,003/- and interest income due to difference in reconciliation ₹ 3,10,315/- .....

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..... irmed the order of CIT(A) and para 3 4 of the order of the Tribunal reads as under: 3. This issue has been discussed by the ld. CIT(Appeals) at pages 4 5, in paras 7.1 7.2 of his order. The ld. CIT(Appeals) observed in para 7.2 that the fixed deposits in the shape of unsecured loan accepted during the accounting period relevant to the assessment year 1995-96 cannot be added under section .....

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..... the Assessing Officer. 6. We have considered the case which is of the assessment year 1996-97. The CIT(A) while considering the matter has considered each of the ground in detail and after taking into consideration the law prevailing at that time, has rightly decided carry forward deposits of the previous year could not be included in the income. 7. In that view of the matter, the issues ar .....

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