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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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