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2014 (4) TMI 1005 - GUJARAT HIGH COURTAdmission of fresh evidence under Rule 46A of the Rules – Held that:- The Tribunal had rightly held there was no violation of rule 46A as remand report was obtained by CIT(A) from the AO - fullest opportunity was made available to both the sides – Decided against Revenue. Deletion of un-explained cash credits – Held that:- The names of 52 persons were reflected in the books of assessee - the authorities have found the material on record, confirmed the names and addresses as well as the details of the accounts, as also in the most of the Cases PAN numbers, coupled with the fact that amounts were received by way of account payee cheque, chose not to question the amount- the issue is factual issue thus, cannot be considered – Decided against Revenue. Addition of undisclosed income from safari business – Held that:- The Tribunal also sustained the order of the CIT(A) by holding that Rakesh Thakkar in his individual capacity had accepted that the amounts – it had been offered by way of tax since he was the proprietor of Satya Developers - only on the ground that some loose papers were found from the office premises of the assessee, the AO have concluded that financial transaction concerned the assessee - in absence of any contrary material having been brought either before both the authorities or before the Court, neither CIT nor the Tribunal committed any error in appreciating the facts which were presented before both of them - the amount had already been owned by the proprietor of Satya Developers who had not only accepted the amount but had also offered it for the purpose of tax which were duly recorded in the books of Satya developers, cannot be taxed twice – thus, no question of law arises for consideration – Decided against Revenue.
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