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TMI Blog2021 (4) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... vation. Hence, in the interest of justice, we set aside the issue to the file of A.O. for consideration anew. Assessee's appeal is allowed for statistical purposes. - ITA No. 4716/Mum/2016 - - - Dated:- 2-3-2021 - Shamim Yahya , Member ( A ) And Ram Lal Negi , Member ( J ) Appellant by : None Respondent by : Ms. Shreelalu Pardeshi ORDER Shamim Yahya, Member (A) This appeal by the assessee is directed against the order of the learned Commissioner of Income Tax (Appeals)-32, Mumbai ('ld. CIT(A)' for short) dated 10.06.2016 and pertains to the assessment year (A.Y.) 2011-12. 2. The grounds of appeal read as under: 1. The Hon'ble Commissioner of Income Tax (Appeals)-32 has erred by considering un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces with supporting documentary evidences and also the details giving the name and complete addresses to the person/parties to whom such advisory services are provided along with the amount charged and the nature of services render, in order to verify the same. The assessee was also asked to furnish the details of his educational qualification to justify his above case. In response, the assessee has furnished only the sheets showing the details of fees for advisory services received on the weekly basis for the period from 01.04.2010 to 13.05.2010 only, aggregating to ₹ 5,05,704/-. On its perusal, it was further observed that the assessee has mentioned therein only the name of the person, area of residence such as Dadar (W), Bandr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -, Prakash Kadam - ₹ 7,00,000/-, Pratibha Kamam-₹ 24,00,000 Unique creation - ₹ 2,51,43,781/-) have been returned by the postal authorities with the remarks left/not claimed . The A.O. has also pointed out that in the case of one of the loan creditors Mrs. Nutan Vora, who stated to have given a loan of ₹ 7,40,000, there is a case deposit of ₹ 4,00,000/- in her bank account on 11.03.2011 and on the same date she has issued a cheque to the assessee. Similarly on 23.03.2011 there is a cash deposit of ₹ 2,00,000 in her bank account and a cheque of the same amount has been issued to the appellant. The A.O. also pointed out that Nutan Vora has not filed here return of income. The A.O. further pointed out tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 is partly allowed. 7. Against the above order, the assessee is in appeal before us. 8. None appeared for and on behalf of the assessee despite notice sent. Hence, we proceeded to adjudicate the issue by hearing the ld. Departmental Representative and perusing the records. 9. Upon careful consideration, we note that the ld. CIT(A) has granted substantial relief to the assessee. However, the assessee is contesting the same. Despite conceding before the ld. CIT(A) with respect to some of the loans remaining unconfirmed, the assessee has raised an appeal. Moreover, despite noting that the A.O. has observed that the additional evidence should not be admitted, the ld. CIT(A) has held that the A.O. in his remand report seems to have ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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