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2017 (3) TMI 271 - GUJARAT HIGH COURTAddition u/s. 69B - unexplained investment in land - Held that:- Assessing Officer made additions under Section 69B of the Act, relying upon the statements of two farmers [ie., two sellers of the land] in which, according to the Department, they admitted of having received on-money in cash. However, it is required to be noted and it is an admitted position that the statements of those two farmers upon which reliance was placed by the Department were not furnished/given to the assessee to controvert the same. Not only that when a specific request was made before the Assessing Officer to permit them to cross examine the aforesaid two farmers, the same was rejected by the Assessing Officer. Thus as rightly observed by the learned Tribunal, the Assessing Officer was not justified in making addition under Section 69B of the Act solely relying upon the statements of those two farmers. - Decided against revenue Addition made in the case of partnership firm - individual partners taxed - Double taxation - Held that:- Again to make an addition in the case of individual partners would be double taxation, as observed by the learned Tribunal. Under the circumstances, the learned Tribunal has rightly deleted the additions made in the case of the partners when a similar addition was made in the case of partnership firm also.- Decided in favour of assessee.
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