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2012 (10) TMI 537 - AT - Income TaxRetraction of surrendered income - Disallowance of creditors - additional evidence under Rules 46A regarding confirmation of 23 creditors - CIT(A) deleted the addition - Held that:- Though the assessee relied upon a decision of Pullangode Rubber Produce Co. Ltd. Vs. State of Kerala [1971 (9) TMI 64 - SUPREME COURT] where it was observed that an admission is an extremely important piece of evidence but it can not be said that it is conclusive and that it is open to the person who made the admission to show that it is incorrect, there is no such dispute with this proposition of law. In the instant case, neither before the ld. CIT(A) nor even before us, the ld. AR attempted to show as to how the surrender was incorrect and what prompted the assessee to file appeal without even retracting the surrender. Even after surrender of the amount, the assessee approached the ld. CIT(A) and furnished additional evidence in terms of rule 46A of the IT Rules,1962. There is nothing in the impugned order as to why the assessee offered the amount to tax suo motu and then preferred the appeal. Nothing to suggest as to whether or not the CIT(A) examined the genuineness of additional evidence submitted by the assessee nor the AO seems to have been asked to verify its genuineness. In these circumstances, it can be concluded that the CIT(A) admitted additional evidence submitted by the assessee in its application under rule 46A of the IT Rules,1962, without following the procedure prescribed therein, thus in the interest of justice vacate the findings of the CIT(A) and restore the issues back to his file, with the directions to follow the mandate in terms of Rule 46A of the IT Rules, 1962 - in favour of revenue for statistical purposes.
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