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2013 (9) TMI 1095 - AT - Income TaxAddition to assets - Held that:- The evidences in the form of bills which were submitted by the Assessee before CIT(A), there is no specific finding of CIT(A) of its examination and conclusion. We therefore of the view that this issue needs to be examined afresh. Addition for purchase of computer software - Held that:- We find that CIT(A) while deleting the addition has given a finding that the software were technical software with specific purpose and therefore cannot be held to be capital assets. He has further noted that it was in relation to expenditure on training with licence to the main software having single use. Before us, the Revenue could not controvert the findings of CIT(A) by bringing any contrary material on record. Disallowance of expenses - Held that:- We find that while deleting the addition CIT(A) has given a finding that all the expenditure were billed and properly vouched. He has further noted that the Assessee has also deducted appropriate TDS wherever applicable and Assessing Officer has not pointed out any specific defect in the claim of expenditure. Before us, the Revenue could not controvert the findings of CIT(A) and therefore we find no reason to interfere with the order of CIT(A). Addition on unexplained creditors - Held that:- We find that CIT(A) has deleted the addition made by the A.O. We also find that there is no finding of CIT(A) with respect to examination of creditors and their genuineness. We therefore feel that this aspect needs to be examined afresh. We therefore restore the matter to the file of CIT(A) for him to pass speaking order, after considering the submissions of the Assessee and after giving reasonable opportunity of hearing to both the parties. Addition on account of unsecured loan - Held that:- We find that CIT(A) while deleting the addition has noted on the basis of evidence in the form of copy of passport, permanent resident card, copy of account showing money receipt through banking channels and confirmation from the party, that the onus has been discharged by the Assessee. He has further noted that the Assessing Officer had made no adverse comment on the basic ingredients while examining the verification of loan in the remand report. Before us, the Revenue could not controvert the findings of CIT(A) and thus this ground of Revenue is dismissed.
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