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2019 (8) TMI 618

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..... FOR R-1 AND R-2) ORDER The Petitioner has challenged the order passed by the respondent No.1 in appeal No. ITA No-e-file/W- 1/CIT(A)-6/2018-19 dated 07.05.2018 at Annexure-A wherein the appeal filed by the petitioner under Section 250 of the Income Tax Act, 1961 ('Act' for short) has been dismissed. 2. The petitioner is an individual assessee, who is involved in agriculture and sericulture acti .....

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..... Rs. 18,86,000/- and brought the same to the tax net. Hence, this writ petition. 5. I have heard the learned counsel for the petitioner as well as the Revenue and perused the material on record.   6. The finding given by the Assessing Authority relating to the hand loans of Rs. 18,86,000/- to consider the same as unexplained cash credit under Section 68 reads thus: " The assessee was unabl .....

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..... ter of confirmation [Annexure-B series] issued by various persons to establish the hand loans received by the assessee has not been considered. It is apparent that this specific issue relating to the documents furnished by the assessee has not been addressed by the Authorities albeit a specific ground raised in the appeal memo. It is well settled law that reasons are the heart beat/soul of an orde .....

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..... ment in accordance with law, considering the documents furnished by the assessee and arrive at a decision by passing a speaking order, giving reasons, after hearing the parties concerned. Since the parties are represented by their respective counsels, the petitioner is directed to appear before the Assessing Officer-respondent No.2 on 22.07.2019 without expecting any notice. The Assessing Officer .....

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