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2015 (2) TMI 583 - ITAT DELHIAddition on account of alleged peak credit and business income - CIT(A)deleted the addition entertaining additional evidence - whether the provisions of Rule46A of the Income Tax Rules, 1962 were not adhered to by CIT(A) - Held that:- Obtaining a remand report per-se is not a substitute for recording of the finding of the ld CIT(A) setting out the reason and fulfilment of conditions of the Rule 46A. It would be also appropriate to state here that assessee did not move an application under Rule 46A, specifically stating the fulfilment of conditions specified under Rule 46A, though it is seen that ld CIT(A) has noted that non-compliance before AO was on account of the fact, that the assessee was having marital discord with his wife Mrs. Sonu Seth which kept the assessee engaged in litigation. Thus it would be just and fair to remit the matter back to the file of AO for fresh adjudication.- Decided in favour of revenue for statistical purposes.
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