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2009 (3) TMI 86 - HC - Income TaxAdditions on basis of materials seized from third party - genuineness and veracity of the materials (letters) seized from a third party - On the basis of the said three letters, AO held that in the assessment order, the consideration for the sale of the moveable assets were raised from Rs.1 crore to Rs.1.50 crore by the parties – CIT (A) rightly accepted the assessee’s alternative contention that even assuming the money had changed hands but, neither the assessee nor the Special Officer appointed by HC have received the same - No corroborative evidence was found in the hands of the Assessing Officer and, therefore, in our considered opinion, the Assessing Officer without issuing such summons to the person concerned or making him available for cross-examination on the basis of the said letter proceeded in the matter - Therefore, addition on that account was required to be considered in the hands of the beneficial owner but it appears that without any reason the Tribunal dismissed the said contention - assessee must get a chance to prove the facts - matter remanded to AO
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