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TMI Blog2010 (6) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... : This is an appeal filed by the assessee and it pertains to asst. year 2005-06. 2. At the time of hearing, ld. counsel appearing on behalf of the assessee submitted that only ground no. 2 is the material ground which reads as under : (2) The Learned CIT(Appeals) has erred in sustaining, partly, the disallowances made by the Assessing Officer on account of : (a) A sum of Rs.17,29,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce received against sale of flat cannot be added u/s.68. He furnished additional evidence before ld. CIT(A) vide letter dated 15-12-2008 wherein he explained as under : The appellant has obtained loan confirmation from all the persons mentioned in the statement. Most of the lenders are assessed to income-tax. Moreover, a sum of Rs.3,60,000/- has been received as advance towards sale of flat, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot adjudicate the other issues such as availability of confirmation letter, etc. 5. On the other hand, the ld. D.R. submitted that the assessee has not cooperated with the AO and thus there is no need for the ld. CIT(A) to admit fresh evidence. 6. We have carefully considered the rival submissions and perused the record. It is not the case of the assessee, at this stage, that the AO has not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordance with law. If there are no justifiable reasons for admission of the additional evidence, the ld. CIT(A) has to pass a speaking order so that a superior forum can consider the correctness of the reasons mentioned therein. With these observations, the issue concerning the disallowance u/s.68 of the Act, other than Rs.6,97,688/-, is hereby set aside to the file of CIT(A). 6. In the result ..... X X X X Extracts X X X X X X X X Extracts X X X X
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