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2015 (2) TMI 200 - AT - Income TaxExpenditure incurred for leveling the land and construction of boundary walls - denial of claim of deduction by holding that no evidence was furnished in support of claim of expenditure - expenditure incurred was duly recorded in the books of accounts in the preceding assessment years - Held that:- We have perused the relevant documentary evidence filed by the assessee in the Paper Book containing pages 1 to 37 as well as the order passed by the Revenue Authorities, we are of the view that in the interest of justice, the issue requires re-examination at the level of the AO, because some relevant evidence assessee has produced before the Revenue Authority, has not been appreciated by them. In the interest of justice, we set aside the issue to the file of the AO, with the direction to decide the same afresh under the law, after adequate opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes. Unsecured loan - amount received from husband of the appellant Shri Manoj Kumar who is an independent assessee - Held that:- assessee has produced necessary evidence before the AO to prove the genuineness and creditworthiness of Sh. Manoj Kumar who had advanced the loan of ₹ 4 lacs to her wife i.e. assessee. Assessee has filed the return of income of her husband Sh. Manoj Kumar and copy of the bank account in which her husband has deposited money on 5.12.2008, 10.12.2008 and 16.12.2008 and advanced the same to the assessee on 16.12.2008 through cheque. The important basis of evidence is the statement of Sh. Manoj Kumar, husband of the assessee has also been recorded by the AO on 19.10.2011 and he stated that he is doing Kiryana business and he has deposited the amount in the Bank and advanced the amount in dispute to her wife from her Kiryana business. The assessee has discharged her onus to prove the genuineness and creditworthiness of her husband who has given the loan to the unsecured loan to her wife i.e. assessee. Thus the amount of ₹ 4 lacs has been fully explained by the assessee, therefore, the addition in dispute is hereby cancelled. - Decided in favour of assessee. Advances made in earlier years and received in the instant year - addition to income - Held that:- At the time of hearing, Ld. Counsel of the assessee filed the documentary evidence and draw our attention towards the relevant evidence which support the claim of the assessee qua the addition of ₹ 5,50,000/-. We are of the view that relevant evidence produced by the assessee, has not been appreciated by the revenue authorities which requires examination at the level of AO.- Decided in favour of assessee for statistical purposes.
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