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2015 (2) TMI 157 - ITAT HYDERABADUnaccounted cash credit - Held that:- No addition can be made on the basis of such dumb documents. There is no evidence that assessee is in the money lending activity. The document does not contain any date so that the same can be taxed in the year under consideration. Moreover, Mr. Navin Chand is not available to verify. Department also did not take any steps to trace out the details from the cheque impounded like the Bank account details and further whereabouts of Mr. Navin Chand. In the absence of any corroborative evidence, the statement made by assessee has to be accepted. The documents can only be termed as dumb documents. Hence, the addition cannot be sustained on the basis of same. - Decided in favour of assessee. Payment to a political party disallowed - Held that:- No clear explanation was offered by the appellant either at the stage of the survey proceedings or post survey proceedings. During the assessment proceedings, it was briefly explained that the amounts were paid subsequently and recorded in the cash book. However, no cash book was furnished before the AO and as such the same was treated as unexplained investment in the hands of the appellant. During the appellate proceedings, the appellant did not elaborate on the issue, except referring to the statement of the fact where in it was merely mentioned that payments were denied. No further explanation was offered as regards to the payments if the same, to a political party. In the absence of a clear explanation with required evidence, the argument of the appellant is not acceptable. - Decided against assessee. Deletion of investment in house - Non production of books of accounts - Held that:- After perusing the detailed order of Ld. CIT(A) and submission by learned D.R. and A.R., we are of the opinion that Ld. CIT(A) should have deleted the additions himself without directing the A.O. to examine and allow. If A.O. refuses to examine/consider the evidence furnished by assessee when matter was remanded by CIT(A), there is no point in directing the A.O. again. Be that as it may, we do not find any merit in Revenue contentions. Assessee has placed on record the consequential order passed by A.O. wherein A.O. accepted the investments. Therefore, on facts there is no merit in Revenue contentions. - Decided in favour of assessee.
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