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2020 (10) TMI 280 - AT - Income TaxAddition u/s. 68 - Submission of additional evidences filed by the assessee before the Ld. CIT (A) - HELD THAT:- CIT(A) had decided the matter based on the additional evidence filed by assessee without obtaining remand report from Ld.AO which is not in accordance with rule 47A of the Rules. Therefore, in the interest of justice, we hereby remit the matter back to the file of the AO with directions to admit and examine any evidence filed by the assessee in support of her claim even if it is for the first time and thereafter decide the matter in accordance with law and merits after affording proper opportunity to the assessee of being heard. Also hereby direct the Ld. AO to examine the actual transactions made by the assessee with an open mind ignoring the silly mistakes committed in the books of accounts of the assessee, as it appears from the facts of the case that the additions made by the Ld. AO for ₹ 1,09,19,900/- u/s. 68 of the Act may not be warranted because the cash brought into the books of the assessee appears to be the amount paid to Mr. Sabzan who is the construction mistry for constructing the Hospital of the assessee, sourced from the bank loan obtained by the assessee. As far as the addition u/s. 68 for ₹ 61,42,389/- is concerned, the issue requires proper verification. - Decided in favour of revenue for statistical purposes.
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