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2012 (10) TMI 538 - AT - Income TaxUnaccounted investment in jewellery - assessee submitted copy of bill by way of additional evidence - CIT(A) deleted the addition - Held that:- CIT(A) admitted the said additional evidence without recording any reasons in her order, in terms of rule 46A(2) of the IT Rules,1962 nor verified even the genuineness of the said additional evidence. CIT(A) has not even identified the circumstances under which the assessee was prevented by any sufficient cause in submitting the aforesaid documents before the AO. The genuineness of the said expenditure nowhere seems to have been examined by the CIT(A) nor allowed any opportunity to the AO to examine the genuineness of bills submitted by the assessee. Thus in the interest of justice and fair play the findings of the CIT(A) are vacated and restore the issues raised back to CIT's file, with the directions to follow the mandate in terms of Rule 46A of the IT Rules, 1962 after allowing sufficient opportunity to both the parties - in favour of revenue for statistical purposes.
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