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2021 (4) TMI 1008

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..... ack to the file of the Ld. AO for de-novo consideration. Accordingly, we hereby remit the matter back to the file of the Ld. AO with directions to admit any additional evidence filed by the assessee and after examining the same pass appropriate order afresh in accordance with merit and law. Appeal of the assessee is allowed for statistical purposes - ITA No. 1574/Hyd/2019 - - - Dated:- 16-4-2021 .....

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..... d by the assessee. 4. The Ld. CIT(A) ought to have appreciated that the assessee has submitted the affidavit and confirmation letter of the lendor. 5. The Ld. CIT(A) ought to have appreciated that the registered document cannot be an incriminating material. 6. The Ld. CIT(A) has erred in upholding the A.O. in making the assessment U/s. 143(3) r.w.s 153A, there being no incriminating .....

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..... e consideration of ₹ 2,39,040/- for which the assessee could not explain the source. Therefore, the Ld. AO treated the amount of ₹ 2,39,040/- as his unexplained investment. The Ld. CIT(A) also confirmed the order of the Ld. AO as the assessee had failed to explain before him the source for the amount invested for ₹ 2,39,040/-. 4. At the outset, the Ld. AR submitted before us t .....

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..... ereby remit the matter back to the file of the Ld. AO with directions to admit any additional evidence filed by the assessee and after examining the same pass appropriate order afresh in accordance with merit and law. 6. In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above. Pronounced in the open Court on the 16th April, 2021. - - TaxTMI - T .....

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