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2013 (12) TMI 482 - ALLAHABAD HIGH COURTUndisclosed investment - Held that:- The A.O. and CIT(A) have taken the different methods for calculating the initial investment in the form of gold - Different figures were emerged as undisclosed investment in purchases - The facts are quite contradictory, as different figures were claimed by the counsels during the course of arguments - The same needs fresh determination - The Tribunal has not examined properly the facts pertaining to the availability of investment - The finding of facts are not clear and the material available on record was ignored - The issue was restored for fresh adjudication. Cash found during search - Held that:- The cash belonged to the assessee's relative - The assessee has filed an affidavit in this regard - The said affidavit which is self explanatory was accepted by the CIT(A) as well as by the Tribunal and accordingly addition in question was deleted - Following Kamala Ganapathy Subramaniam And Another Versus Controller Of Estate Duty [2001 (2) TMI 132 - SUPREME Court] - The Tribunal is a final fact finding authority - Decided in favour of assessee.
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