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2014 (11) TMI 726 - AT - Income TaxValidity of notice for reassessment u/s 148 - Discrepancies in the transportation receipts and TDS certificates - Held that:- The AO made additions which were deleted by the CIT(A) revenue relied on the CIT(A)s order to hold that the proceedings u/s 148 of the Act are valid in law - there is no merit in the objections raised by the assessee inasmuch as the issue on which notice u/s 148 of the Act was issued and the additions in that respect have been made by the AO Decided against assessee. Admission of additional evidence under Rule 46A Held that:- The admission of additional evidence by the ld. CIT(A) is not in conformity of Rule 46A of Income Tax Rules - There is neither any finding that the assessee was prevented by sufficient cause in not producing the additional evidence before the AO revenue rightly contended that if the assessee's books mysteriously vanished a couple of days before assessment and the computer back up was ready regarding storage of data then a request to that effect should have been made by the assessee before the AO so as to submit the books of account - Such computer record ought to have been produced before the AO but it was no so - there is some doubt in assessee's activities - CIT(A) has not considered this relevant aspect and total relief has been granted to the assessee without appreciating the remand report properly thus, the order of the CIT(A) is set aside and the matter is remitted back to the AO for fresh adjudication Decided in favour of revenue.
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