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2015 (10) TMI 1472 - AT - Income TaxAddition on cash deposited in the banks - treating the Long Term Capital gain as Short Term Capital Gain - Held that:- In the present case, it appears that the assessee could not produce certain relevant documents during the course of assessment proceedings which were furnished to the ld. C.I.T.(A) who admitted the same under Rule 46A of the IT Rules and asked the remand report of the AO. However, in the impugned order there is no discussion about the contents of the remand report and the submission of the assessee. Therefore by considering the totality of the facts, it is of the view that this issue requires a fresh adjudication at the level of the AO. Accordingly the impugned order is set aside and the case is remanded back to the file of the AO to be adjudicated afresh in accordance with law, after providing due and reasonable opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes.
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