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2013 (5) TMI 743 - ITAT AHMEDABADAddition on account of notional rent - CIT(A) deleted the addition - Held that:- CIT(A) has decided the issue in favour of assessee on the basis of light bill for the period from Aug.08 to Mar. 09 which showed zero reading & has also noted that this bill was produced before him during the course of appellate proceedings. Hence, this bill was never produced before AO & CIT(A) has decided this issue in favour of assessee on the basis of this bill without obtaining any remand report from the AO. This issue is restored back to the file of CIT(A) for a fresh decision. In favour of revenue by way or remand. Unexplained investment observing there was a difference in the purchase consideration and jantri rate of the shop purchased by the assessee - CIT(A) deleted the addition - Held that:- The addition on the basis of jantry value can be made u/s 50C in the case of sale of property for the purpose of computing capital gain but there is no such production for making addition on the basis of excess jantry value in the hands of the purchaser. There is no other evidence brought on record by the AO showing that any extra price was paid by the assessee for purchase of this property and hence no reason to interfere in the order of CIT(A) - In favour of assessee. Unaccounted sundry creditors - CIT(A) deleted the addition - Held that:- For examining the genuineness of transaction, it should be examined as to when the sale of property in question is actually declared by the assessee because even if sale deed was not executed in the present year or in the year of receipt of this amount also, then the sale has to be considered in the light of clause (v) or (vi) of sub-section 47 of Section 2 in the year when payment is received by the assessee and possession was handed over to the buyer. Since no light is thrown by the assessee or by any authorities below on this aspect set aside the order of CIT(A) on this issue also and restore the matter back to his file for fresh decision - In favour of revenue by way or remand.
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