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2009 (7) TMI 665 - HC - Income TaxAppeal to High Court- The Assessing Officer during the course of assessment made certain addition u/s 68 of the Act, holding that the assessee had failed to establish the identity, genuineness and creditworthiness of the transactions. In the course of appellate proceedings, the assessee furnished confirmation letters which were forwarded to the Assessing Officer. The Assessing Officer sought time for verification but failed to send his request. The Commissioner (Appeals) allowed the appeal of the assessee accepting additional evidence. The Tribunal held that the Commissioner (Appeals) should have awaited the opinion of Assessing Officer or should have conducted inquiry himself as provided under section 250(4) of the Act remitted the matter for fresh decision. Held that- the Tribunal had merely remanded the matter with the finding that the Commissioner (Appeals) had not enquired into the matter. In the order, option had been left to the Commissioner (Appeals) to either look into the matter himself or to have a verification done from the Assessing Officer. No prejudice was caused to the assessee. The view taken by Tribunal was a possible view.
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