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2014 (9) TMI 888 - HC - Income TaxDisallowance of 50% of expenses on making charges paid to karigars Held that:- The AO in the remand report could not point out and controvert the documents and details provided - Genuineness of the documents was not doubted - The similar expenditure had been allowed in the earlier years also there was no reason to interfere with the order passed by the Tribunal - The submission that the Tribunal has not gone into specific details and the order requires interference is without merit Decided against revenue. Additions u/s 68 of the Act and other additions unverified or unexplained cash credit - failure to substantiate and file confirmation of loans - Held that:- Due to paucity of time and the fact that many cases were taken up simultaneously, relevant details and confirmations could not be furnished - The additional evidences were then furnished to the Assessing Officer for his comments, who in the remand report, given by the Deputy Commissioner of Income Tax, Central Circle-XXIII, stated that in view of the additional evidence furnished, credit/loan was genuine - this would not affect and should not be construed as a positive finding by the High Court on question of telescoping surrender and the impact or effect. Notice u/s 153A Held that:- The AO in the second remand report on several accounts/additions accepted that the additional evidence placed on record was sufficient to show that the transactions were genuine and addition could not be sustained - In respect of other amounts/transactions, not accepted by the AO in the remand report, Revenue was aggrieved by the order passed by the CIT(A) and was the appellant before the Tribunal thus, the order fo the Tribunal is upheld Decided against revenue.
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