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2019 (7) TMI 1917 - AT - Income TaxAddition u/s 68 - disallowing the exemption u/s 10(38) towards LTCG on sale treating the same as unexplained cash credit - HELD THAT:- As decided in case of MRS. CHANDRA DEVI KOTHARI [2015 (2) TMI 1313 - KARNATAKA HIGH COURT] petitioner has been denied an opportunity of fair hearing by providing copy of the statement and related details regarding the alleged share amount, it is of the view that the matter requires to be re-considered by the respondent by providing fair and reasonable opportunity of hearing to the petitioner and by furnishing the details / copy of the statement based on which the impugned assessment order has been passed. As per the facts noted by the High Court in the earlier paras of judgment (supra) and as per the facts of the case on hand, there appears to be no difference in facts and therefore by respectfully following this judgment in the case of Chandra Devi Kothari (Supra), we set aside the impugned order of learned CIT(A) for Assessment Year 2014-15 and restore the matters to the file of the AO for fresh decision with the same directions as were issued - Assessee appeal allowed for statistical purposes.
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