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2022 (8) TMI 289

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..... y different. In the order ld. AO himself not confirmed able to determine his own recorded reasons. Accordingly the addition made to be deleted. Appeal of assessee allowed. - I.T.A. No. 334/ASR/2016 - - - Dated:- 14-7-2022 - DR. M. L. MEENA , ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE , JUDICIAL MEMBER Appellant by : Sh. R. K. Magow , CA Respondent by: Sh. S. M. Surendranath , Sr. DR ORDER Per Anikesh Banerjee , JM The instant appeal is directed against the order of Ld. Commissioner of Income Tax (Appeal)-1, Amritsar, {in brevity CIT(A)} bearing appeal no. 123/2014-15 dated of order 13.03.2016, order passed u/s. 250(6) of the Income Tax Act, 1961 (in brevity of the Act) for the Assessment year 2006-07. The impug .....

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..... Delhi, as per which Aar Vee Textile was one other eight firms which have cheated the government exchequer by misusing Duty Entitlement Pass Book Scheme/Drawback and focus product scheme. Considering all these facts I have reason to believe that income of assessee has escaped assessment for the A.Y. 2007-08 within the meaning of section 147 read with section 148 of the Income Tax Act, 1961 and also any other income chargeable to tax in respect of which the assessee is assessable, which has escaped assessment and which comes to this notice subsequently in the course of proceedings under this act for the assessment year under consideration. 4. The ld. Counsel of the assessee further argued as no export sale, so there is no question o .....

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..... rprises and Sh. Vikram Jain, Prop. M/s. Aar Vee Textiles for the assessment year 2006-07 and 2011-12 is not available in this officer as per available records. This is for your information please. 4.2. The ld. Counsel further mentioned that recorded reasons and in addition, there is no similarity in between them. The ld. AO did not find any export sale or any Duty Draw Back in this particular assessment year. So the entire assessment order is against the law. 5. The ld. DR relied on the order of the Revenue Authorities. He pointed out our attention in order of ld. CIT(A) in page no. 11 relevant para is extracted as follows: Ground No. 3 - The assessee is one of the main person who was closely associated with Sh. Rajender Kum .....

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