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2022 (11) TMI 908 - AT - Income TaxAssessment of Partnership firm v/s individual partner - Addition at the hands of the assessee on substantive basis - liability of taxes - assessee had filed a Supplementary Partnership Deed which clarified about the liability of the assessee firm - HELD THAT:- As stated that the partner of the assessee firm in his individual capacity as owned up the contractual receipts as his own business receipt. The reasons for not accepting the Supplementary Partnership Deed as stated by the AO is that this Supplementary Deed was not produced during the assessment proceedings for AY 2008-09 in the case of Shri Satish Kuamr, partner of the firm. Though, the assessment in his case was completed on 28.12.2010 on protective basis. Considering the facts available on record, authorities below ought to have given clear finding regarding the terms of Partnership Deed and Supplementary Deed as furnished by the assessee. Even, Ld.CIT(A) failed to advert the submissions of the assessee. Therefore, the impugned order is set aside and the issue is restored to the file of AO to decide it afresh after giving adequate opportunity of hearing to the assessee. Thus, grounds raised by the assessee are allowed for statistical purposes.
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