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2015 (10) TMI 1414 - AT - Income TaxAddition u/s 68 and u/s 69A - assessee had applied under Rule 46 for admission of additional evidence in form of confirmations, copy of I.T. returns, PAN nos. copy of bank statements etc. of the share applicants - Held that:- For want of decision on 46A and for insisting on only physical presence of the share applicants and ignoring all material available on record, the principle of natural justice have been violated in this case. Besides, for these deficiency the order is unsustainable As the facts emerge ld. CIT(A) has referred to the additional evidnce filed by the assessee and remand report dated 30-4-2012 susbmitted by assessing officer. However, there is no finding as to whether the additional evidence has been admitted or not. Besides, it appears that the additional evidence which consists of income-tax record, confirmations etc. of the share applicants necessary for discharge of the onus of the assessee has not been cross verified by assessing officer from the department's record. In the absence of consideration thereof we are inclined to set aside the issue back to the file of assessing officer to decide the same afresh in accordance with law, after giving the assessee an opportunity of being heard - Decided in favour of assessee for statistical purposes
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