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2017 (9) TMI 1925

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..... vocate & Sh. Palanivel, Advocate ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -2, Tiruchirappalli, dated 19.01.2017 and pertains to block assessment period 1997 to 2003. 2. There was a delay of 41 days in filing this appeal by the Revenue. The Revenue has filed a petition for condonation of delay .....

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..... nted money lending business. On the basis of this direction, according to the Ld. D.R., the Assessing Officer examined the same and made the same addition as in the original assessment. On appeal by the assessee, the CIT(Appeals) deleted the addition made by the Assessing Officer. According to the Ld. D.R., the CIT(Appeals) ought not to have deleted the addition made by the Assessing Officer. 4. .....

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..... made by the Assessing Officer. 5. We have considered the rival submissions on either side and perused the relevant material available on record. In the original round of litigation, the Assessing Officer made addition of Rs. 43,25,000/-. This Tribunal, after hearing both the parties, has observed as follows at para 13 of its order dated 17.08.2008:- "13. We have considered the rival submissions .....

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..... whether cash was available with the assessee and sale proceeds from sale of jewellery etc., have been used for acquiring other assets and if not found so, then corresponding credit should be given towards unaccounted money lending business. Needless to emphasise that the assessee shall be given adequate opportunity of hearing in the matter." 6. It is an admitted fact that no appeal was filed eit .....

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