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2016 (4) TMI 1393 - AT - Income TaxAddition of cash credits or investments unexplained u/s 68 / 69 - Assessee submitted that documents may help the assessee to substantiate the claim of receipt from his son-in-law - HELD THAT:- As in the interest of natural justice, the assessee should be provided with one more opportunity to prove the claim of receipt from his son-in law, since the same has been claimed to have been received in 2001. If it is proved that the above said amount was received in 2001, the same cannot be assessed during the year under consideration, since what was received during the year under consideration was only refund of amount given to Shri Prasad. It is the responsibility of the assessee to substantiate the claim of receipt of loan in the year 2001. According to Ld A.R, the documents relating to criminal proceedings may throw light on the above said claim. Accordingly, we set aside the order of Ld CIT(A) on this issue and restore the same to the file of the AO with the direction to examine the same afresh in the light of documents that may be furnished by the assessee in this regard. For remaining amount of ₹ 3.00 lakhs, the claim of the assessee is that the same is required to be given to Shri Ruban Thomas, the son in law of the assessee, i.e., according to the assessee, the same represents reimbursement of litigation expenses met by his son-in-law. This issue is connected with the claim of receipt of loan from sonin- law of the assessee. Accordingly, set aside this issue also to the file of the AO - Appeal of the assessee is treated as allowed for statistical purposes
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