TMI Blog2015 (6) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 68 - capital introduced from sale of orchard effected by an independent partnership firm, in which the appellant was one of the partners - Held that:- he learned counsel for the assessee submitted that the amount was brought from another partnership firm, in which the assessee was one of the partners. In reply to a specific question, he could not provide any evidence to prove its case - Decided against assessee. Addition being 15% of the labour charges - assessee submitted that telescoping benefit on some additions was allowed by the CIT(A) and the issue was not decided by him - Held that:- In the facts of the case, we are of the view that the issue in these grounds of the appeals should be decided by the CIT(A) on its merits, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the assessee submitted that the issue of addition of outstanding credit balance of creditors by invoking section 41(1) of the Act, is covered in favour of the assessee with the decision of Hon ble Gujarat High Court in CIT Vs. Nitin S. Garg, 22 taxmann.com 59 (Guj) and also in Tax appeal No.588 of 2013 in the case of CIT Vs. Bhogilal Ramjibhai Atara order dated 4.2.2014. The learned DR has relied on the orders of the AO and the CIT(A). 6. We have considered rival submissions and perused the orders of the AO and the CIT(A). It is an admitted fact that the assessee has not written off the credit balance of the certain parties brought forward from earlier years, and they are appearing in the liability side of the balance sheet of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t giving the benefit of telescoping of the additions of ₹ 56,96,645/- and of ₹ 11,01,381/- against the addition of ₹ 25,65,634/- 11. The learned counsel for the assessee submitted that telescoping benefit on some additions was allowed by the CIT(A) and the issue was not decided by him. The learned DR relied on the orders of the AO and the CIT(A). We have considered rival submissions. In the facts of the case, we are of the view that the issue in these grounds of the appeals should be decided by the CIT(A) on its merits, and accordingly, we restore the issues in these grounds of the appeal to the file of the CIT(A) with direction to decide the same afresh in accordance with law after providing reasonable opportunity of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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