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2023 (2) TMI 454 - ITAT DELHIUndisclosed capital gain - As per DR addition have been made after discovery of incriminating material - CIT(A) deleted the addition by noting that in appellate proceedings, additions in the hands of the other parties have been deleted - HELD THAT:- CIT(A) has passed very short and laconic order. He has only mentioned about the CIT(A)’s order in purchasers case without discussing any detail thereof and deleted the addition. These orders of Ld. CIT(A) of other parties were never before the AO. Assessee has furnished one of the purchaser’s order, wherein, ITAT has deleted the addition on the ground that no corroborative material has been found. We note that we do not have benefit of the AO’s order in the case of those sellers. In the present case, the AO has mentioned incriminating material referred in Investigation Wing report. In these circumstances, in our considered opinion these additional materials were never before the AO. We note that interest of justice demands that the matter may be remitted back to the file of the AO. The AO shall examine the case with reference to the additional material in the shape of appellate orders in purchaser’s case and thereafter decide as per law. This appeal filed by the Revenue stands allowed for statistical purposes.
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