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2013 (11) TMI 513 - AT - Income TaxUndisclosed income - Whether the primary ingredients of the sections 69 or 69A are met for their invocation by the Revenue - Held that:- AO on basis of seized document made additions u/s 69 as un-identified investment there was sufficient material before the A.O. to have made additions I.T.A.T. by elaborate reasoning has also held that the presumption created by the document had not been rebutted nor had the assessee denied the loan amount - no infirmity in AO's order contention raised at the appellate stage was merely an attempt to create doubts in the mind of court no violation of principle of natural justice - vacating the impugned order, restore the matter back to the file of the A.O. for allowing an opportunity to the assessee to prove his case before him, and who shall frame the assessment afresh per a speaking order, considering all the objections, if any, raised by the assessee to the impugned addition - Decided in favour of assessee.
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