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2009 (10) TMI 84 - KARNATAKA HIGH COURTUnexplained income - two entries relating to the same sale transaction in favour of the two companies, referred to above, were not accepted by the Assessing Officer for the simple reason that the date of receipt of the payment was one relating to the subsequent assessment year, viz., the assessment year 1997-98, being the payment received during the accounting period relating to 1997-98, the same receipt cannot, obviously, be taken as receipts for the assessment year with which we are concerned in this appeal and, therefore, they had become fictitious entries or bogus entries and it had become necessary for the assessee to explain the source of the amount in its hands during that assessment year and this perhaps having been not done by the assessee, the Assessing Officer thought it fit to add back the amount as unexplained income of the assessee. - Appellate Commissioner, purporting to follow the ruling of the Income-tax Appellate Tribunal rendered in the case of the very assessee for the earlier assessment years, viz., 1993-94 and 1994-95, allowed the appeal, set aside the assessment order and directed deletion of the additions – Tribunal confirming order of Appellate Commissioner – Tribunal’s earlier order set aside by HC – impugned matter is remanded to Commissioner (A) to decide the matter afresh
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