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2015 (1) TMI 1416 - AT - Income TaxAddition of loan - two loans from parties who are regular assesses and confirmations were fully filed before AO as well as before CIT(A) - whether appellant has discharged the primary onus and AO has nothing against it? - difference in PAN is because in top of the certificate PAN of appellant is given and near the signature PAN of party is given - HELD THAT:- In the application it is, inter alia, stated that the evidences filed by the assessee were not placed on record and in the remand report called for by CIT(A) it was, inter alia, stated that assessee did not file any particulars/ source of income of parties, their creditworthiness etc. and accordingly CIT(A) observed that no confirmation letters from the creditors were filed before the AO and the assessee failed to prove the identity of the creditor, creditworthiness of the creditor and the genuineness of the transaction. After hearing both the parties, as the evidences filed by assessee before AO were not considered, we admit the additional evidence filed by the assessee and restore the matter back to the file of AO for deciding the issue de novo after affording reasonable opportunity to the assessee of being heard - Assessee’s appeal is allowed for statistical purposes only.
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