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2021 (5) TMI 117 - AT - Income TaxUnexplained investment in villa plot - addition was made on the basis of charge sheet and supplementary charge sheet filed by the CBI based on the facts findings by CBI - CIT-A deleted the addition - as per revenue CIT(A) ought to have decided the case before disposal of appeal by the CBI Special Court as the issue has not attained finality and is still pending - HELD THAT:- An identical issue has been considered by co-ordinate Bench of the ITAT., Chennai in the case of R. Saibabu [2018 (3) TMI 1908 - ITAT CHENNAI]..where the Tribunal, after considering charge sheet filed by the CBI in the case of M/s.Emaar Hills Township Pvt.Ltd. held that unless the Assessing Officer brought on record some additional evidences to corroborate the findings recorded by CBI in the case of M/s.Emaar Hills Township Pvt.Ltd. to arrive at a conclusion that the assessee has paid on-money for purchase of property, no addition can be made only on the basis of charge sheet filed by the CBI, when proceedings are still pending before the CBI Special Court. Thus we are of the considered view that findings recorded by the learned CIT(A) in light of the decision of ITAT., Chennai Bench is uncontroverted.The Revenue has failed to bring on record any evidence to prove that findings of fact recorded by learned CIT(A) is incorrect or opposed to the facts. - Decided against revenue.
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