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2013 (10) TMI 212

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..... ore both the authorities. We see no error in the findings arrived at by them. Predominantly, the question having been based on facts, no question of law arises, much less a substantial question of law - Decided against Revenue. - TAX APPEAL NO. 2417 of 2009 - - - Dated:- 12-2-2013 - AKIL KURESHI AND MS. SONIA GOKANI, JJ. For the Appellant : Ms. Paurami B. Sheth. ORDER:- PER : Ms Son .....

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..... 3. Assessee, when challenged it before the CIT (A), the CIT [A] on determining the net profit of the assessee at Rs. 4.86 lakhs on the estimation of the gross profit at 1.5% instead of 10% assessed by the Assessing Officer, deleted the entire addition. 4. When challenged before the Tribunal, the Tribunal concurred with the CIT [A], and therefore, the present Appeal. 5. Heard learned counsel .....

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..... of the credit and the creditworthiness of the creditor deleted the addition made in this respect. No error in this findings of the ld. CIT (Appeals) could be pointed out by the Ld. Departmental Representative. We, therefore, confirm the deletion of addition made in respect of loan borrowed from Kakani Enterprise by the ld. CIT (Appeals). In respect of balance loan taken from five parties of Pitta .....

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..... l be in the interest of the justice to restore the issue regarding these unexplained cash credits also to the file of the Assessing Officer for adjudication afresh as per law. We, therefore, set aside this part of the order of the ld. CIT (Appeals) and direct the Assessing Officer to re-adjudicate the same after allowing proper opportunity of hearing of the assessee. Thus, this ground of appeal of .....

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