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2017 (9) TMI 375 - AT - Income TaxBogus purchase - hawala transactions - CIT(A) after considering the detailed submissions of the assessee restricted the disallowance to 12.5% of these purchases, from the 100% disallowance made by the A.O - Held that:- We have observed from the orders of authorities below that large number of additional evidences were filed by the assessee to support its contentions before learned CIT(A) which were not before the AO as is emanating from the records. We have observed that learned CIT(A) has not specified the reasons/justification for admitting these additional evidences as is contemplated by Rule 46A of the Income-tax Rules, 1962. We have observed that the ld. CIT(A) has not called for any remand report from the A.O. nor additional evidences filed by the assessee before learned CIT(A) for the first time were forwarded by learned CIT(A) to the AO for necessary verification/examination by the AO . Thus, the learned CIT(A) did not follow the mandate of Rule 46A of the Income-tax Rules, 1962 . Rule 46A of the 1962 Rules is not an empty formality as it contemplate the learned CIT(A) to record reasons for admitting additional evidences filed by the assessee and then it also contemplate forwarding of these additional evidences by learned CIT(A) to the AO for his necessary verifications/examination. Thus, we are of the considered view that the appellate order of ld. CIT(A) cannot be sustained, hence, we set aside this matter back to the file of the A.O. for de-novo determination of the issue on merits in accordance with law
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