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2010 (5) TMI 172 - HC - Income TaxUnexplained expenditure u/s 69C – Income from undisclosed sources u/s 68 – Additional evidence before CIT(A) under rule 46A – Held that: - where the difference in the cost of construction estimated by the DVO and the one proffered by the assessee is less than 10% then such a difference has to be ignored for the purpose of making addition to the income of the assessee - no exception is provided to entertain the appeal because once additional evidence of impeccable character has been lawfully entertained by the CIT(A) by confronting it to the Assessing Officer and the donors have come forward by confirming the donations by disclosing their Permanent Account Numbers and balance sheets etc. then doubts entertained by the Assessing Officer with regard to donations are rendered merely conjectures. If there was any suspicion then the Assessing Officer could have opened the assessment of the donors and not that of the assessee-respondent. - The version of the Assessing Officer that it was assessee’s own money which was routed through various donors has been found to be conjectural.
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