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2016 (1) TMI 308 - AT - Income TaxAddition on receipt of on-money - Notice issued under section 158BD - CIT(A) deleted the addition - Held that:- No merit in the ground of appeal raised by the Revenue in this regard, in the absence of any evidence found of cash payment made to the assessee and in view of the other evidence i.e. Affidavit of Shri Y.P. Trivedi and Shri J.M. Jhala and the narration of alleged cash having been paid after the date of execution of sale deed, no reliance could be placed on the aforesaid addition to hold that the assessee was in receipt of on-money. In view of our upholding the order of CIT(A) in deleting the addition on merit, we do not find it necessary to adjudicate jurisdictional issue of notice under section 158BD of the Act and completion of assessment under section 158BD r.w.s. 143(3) of the Act. - Decided against revenue. Interest charged under section 158BFA(1) - CIT(A) deleted the addition - Held that:- The assessee has successfully demonstrated that the delay in furnishing of the block period return occurred for valid reason. Admittedly, in absence of PAN, it was impossible for the assessee to submit block period return in the capacity of legal heir. In fact the delay has occurred due to delay on the part of A.O. to allot the assessee a PAN. Thus, there was a reasonable cause and the assessee cannot be expected to do impossibility. Hence, under the facts and circumstances of the case and by relying on the ITAT decisions reported at Manoj Aggarwal and others Versus Deputy Commissioner Of Income-tax, Central Circle - 3, New Delhi [2008 (7) TMI 446 - ITAT DELHI-A ] and Bachubhai S. Antrolia. Versus Assistant Commissioner Of Income-tax, Circle - 1, Junagadh.[2006 (3) TMI 288 - ITAT RAJKOT ] it is held that the assessee is not liable to interest u/s 158BFA(1).- Decided against revenue.
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