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2015 (10) TMI 1419

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..... we find that in the interest of justice, these details are necessary to be examined by the Assessing Officer. Therefore, we set aside the order passed by the Commissioner of Income-tax (Appeals) and remit the matter back to the file of the Assessing Officer. The Assessing Officer is directed to examine the details filed by the assessee and then decide the issue afresh in accordance with law after giving opportunity of hearing to the assessee. - Decided in favour of assessee for statistical purpose. - I.T.A. No. 507/Coch/2014 - - - Dated:- 15-5-2015 - Shri V Durga Rao and Shri B.R. Baskaran, JJ. For the Appellant : Shri Mathew Joseph For the Respondent : Shri K.K. John ORDER V. Durga Rao (Judicial Member).- This .....

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..... er and accordingly, the amount deposited in the bank accounts of the assessee has been added as undisclosed income. The addition amounted to ₹ 47,10,385. 3. The assessee carried the matter in appeal before the Commissioner of Income-tax (Appeals). The learned Commissioner of Income-tax (Appeals) confirmed the order of the Assessing Officer on the ground that there is no linkage between the firm's business and the customers' deposits in the bank accounts of the assessee. Aggrieved, the assessee filed an appeal before the Tribunal. 4. Learned counsel for the assessee submitted that the assessee is an employee of M/s. JR and Sons and the amounts received from the clients were immediately deposited in the bank account of the .....

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..... d Sons. The Assessing Officer and the Commissioner of Income-tax (Appeals) did not believe the version of the assessee for the reason that she was not able to establish the amounts deposited which were subsequently transferred to the account of JR and Sons' account. Now the assessee has filed all the details and books of account of JR and Sons, IDBI bank account statement and account copy of auto spare agencies from whom the assessee received the amounts, ICICI bank statement, etc. In view of the details filed by the assessee before us we find that in the interest of justice, these details are necessary to be examined by the Assessing Officer. Therefore, we set aside the order passed by the Commissioner of Income-tax (Appeals) and remit .....

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