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2018 (9) TMI 144 - AT - Income TaxReopening of assessment - addition u/s 68 - period of limitation - Held that:- In the present case, undoubtedly, the case was reopened in view of CIT(A)’s order dated 22.12.2015 and on that date the assessment order for 2003-04 were already barred by limitation by the provisions of Section 149 of the Act. Therefore, we accept the contentions of the Learned A.R. and following the above judicial precedent allow the appeal of the assessee. Order u/s 143(3) without rejection of books of account - Held that:- CIT(A) could have examined the assessment record, wherein the assessee has filed complete details of vouchers to verify the genuineness of expenses and simply by holding that the assessee did not produce the books of account and vouchers, he sustained the addition. The findings of the Assessing Officer clearly states that the assessee had produced books of account and had also produced bills and vouchers, therefore, in view of these contradictions and for the sake of justice, we set aside the order to Learned CIT(A), who should pass a speaking order regarding the arbitrary disallowance made by the Assessing Officer.
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