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2012 (7) TMI 308 - ITAT, DELHIAdmission of additional evidence by CIT(A) - Revenue contention that additional evidence on a finding about lack of sufficient opportunity, which is not borne out from the record - Held that:- Admission of additional evidence has to be in terms of Hon’ble Delhi High Court judgment in the case of Manish Build Well Pvt. Ltd. (2011 (11) TMI 35 (HC)), which mandates that when the Assessing Officer has objected to the admission of additional evidence, then the issue should be decided first and thereafter the Assessing Officer may be asked to furnish the remand report - assessee should have filed an application for admission of additional ground in this behalf and mere narration of facts in statement of facts will not suffice inasmuch as the law provides that the CIT(A) shall decide the appeal on the grounds raised by the assessee. Advances received from ATS held to be business transaction- CIT(A) has not recorded any specific finding about the aspect of MOU being genuine or otherwise. In the absence of a clear finding about the genuineness of the MOU, reference to business customs and usages are not decisive. Unexplained gifts - Ignoring the importance of relationship, occasion of gift and human probabilities in case of gift from unrelated persons, the issue is decided solely on the basis of confirmations and gift deeds - set aside the appeals back to the file of CIT(A).
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