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2015 (11) TMI 1293 - ITAT LUCKNOW

2015 (11) TMI 1293 - ITAT LUCKNOW - TMI - Reopening of assessment - CIT(A) quashed reopening - Held that:- CIT(A) has stated on the same page of his order that the AO has not appraised any of the evidence, rendered to in his remand report while framing the order and making assessment and therefore, its conclusion is not based any material in his position and he simply assessed by trade tax authority. After making this disallowance, he held that making an assessment in such a manner is fairly not .....

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icated by the AO in the remand report reopening of assessment cannot be said to be faulty. - Decided in favour of revenue

Unexplained investment on account of sales - CIT(A) deleted the addition - Held that:- The reason made by the AO without disposing of the objection of the assessee and on the basis of assessment order passed by the Trade Tax Authority which was set aside and the subsequent order of the Trade Tax Authority has not been brought on record before us. But the relief all .....

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eaking and reasoned order. - Decided in favour of assessee for statistical purposes. - ITA No.53/LKW/2013 - Dated:- 31-8-2015 - SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER For The Appellant : Smt. Jyoti Verma, DR For The Respondent : Shri Rakesh Garg, Advocate ORDER PER A. K. GARODIA, A.M. This is Revenue s appeal directed against the order passed by learned CIT(A)-II, Kanpur dated 31/10/2012 for the assessment year 2004-05. 2. The grounds raised by the asses .....

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of sales without appreciating the facts the AO had scrutinized the sales/ purchase account. 3. That the order of the Id. Commissioner of Income Tax (Appeals) being erroneous, unjust and bad in law be vacated and the order of the Assessing Officer be restored. 4. That the appellant craves leave to modify any of the grounds of appeal or take additional ground during the pendency of this appeal. 3. Learned D.R. of the Revenue supported the assessment order whereas the Ld. AR of the assessee suppor .....

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also placed reliance on the Tribunal s decision rendered in the case of M/s Mahadev Trading Co., Vs. The Income Tax Officer in ITA No. 2095/Ahd/2009 dated 26.08.2011, copy available on pages 21 to 33 of the paper book. He further submitted that the assessment order passed by the Trade Tax Authority was set aside by the Trade Tax Authority. Therefore, there was no material on record for the AO to form reason to believe that an income has escaped assessment. 4. We have considered the rival submis .....

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f his order that the AO has not appraised any of the evidence, rendered to in his remand report while framing the order and making assessment and therefore, its conclusion is not based any material in his position and he simply assessed by trade tax authority. After making this disallowance, he held that making an assessment in such a manner is fairly not permissible and is contravention of the judgment of the Hon ble Supreme Court rendered by Ld. AR in his submission. We fail to understand this .....

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. CIT(A) and restore that of the AO. Accordingly, Ground No.1 of the Revenue is allowed. 6. Regarding Ground No.2 of the Revenue s appeal, we find that this is basis of the order of the CIT(A) that there was ambiguity in the questionnaire and the assessee could not have been accepted to substantiate such ambiguity. The copy of questionnaire is available on pages 8 to 10 of the paper book and in the said questionnaire, there is apparent contradiction in query nos. 3 and 4, which are reproduced be .....

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