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2015 (6) TMI 705 - AT - Income TaxAddition u/s 41(1) - outstanding credit balances of certain parties brought forward from earlier years - Held that:- It is an admitted fact that the assessee has not written off the credit balance of the certain parties brought forward from earlier years, and they are appearing in the liability side of the balance sheet of the assessee. The issue of disallowance thereof under section 41(1) of the Act is covered in favour of the assessee with the decisions of the Hon’ble Gujarat High Court CIT Vs. Nitin S. Garg [2012 (5) TMI 30 - Gujarat High Court] - Decided in favour of assessee. Addition under section 68 - capital introduced from sale of orchard effected by an independent partnership firm, in which the appellant was one of the partners - Held that:- he learned counsel for the assessee submitted that the amount was brought from another partnership firm, in which the assessee was one of the partners. In reply to a specific question, he could not provide any evidence to prove its case - Decided against assessee. Addition being 15% of the labour charges - assessee submitted that telescoping benefit on some additions was allowed by the CIT(A) and the issue was not decided by him - Held that:- In the facts of the case, we are of the view that the issue in these grounds of the appeals should be decided by the CIT(A) on its merits, and accordingly, we restore the issues in these grounds of the appeal to the file of the CIT(A) with direction to decide the same afresh in accordance with law after providing reasonable opportunity of hearing to the assessee. - Decided against assessee for statistical purposes.
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