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2018 (6) TMI 1109 - ITAT AHMEDABADAddition on account of embezzlement of the fund - assessee in the present case is an AOP and engaged in the business of milk processing and production of various milk products - Held that:- Addition was made in the hands of the assessee for ₹ 1,49,42,167/- on account of embezzlement loss pertaining to the previous year 2009-10 relevant to the A.Y. 2010-11. Thus if the addition is sustained in this year too then, it will amount to double addition of the same item which is contrary to the scheme of income tax provisions. Thus the addition has already been made in the hands of the assessee on substantive basis in the AY 2010- 11. Therefore, we have no hesitation in reversing the order of authorities below. Hence, the ground of appeal of the assessee is allowed.
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