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2014 (7) TMI 330 - AT - Income TaxAdmission of additional evidence under Rule 46A(3) of the Rules – Income from sale of furniture treated as STCG – Held that:- The AO has not discussed about whether the assessee has filed any revised return, however, the CIT(A) has given a finding that the assessee has filed revised return in time and the AO should have considered the same – assessee filed revised return in time, AO should have considered the same - the AO has not given any finding, the issue should be decided by the AO afresh after verifying the claim of the assessee in revised return – Decided in favour of Revenue. Income from house property - House property treated as deemed let out – Held that:- The assessment is based on the basis of original return filed by the assessee, but there is no whisper about the return being revised by the assessee - the assessee candidly conceded that the issue may be restored back to the file of the AO to consider it afresh – thus, the matter is remitted back to the AO for fresh adjudication – Decided in favour of Revenue.
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