TMI Blog2013 (5) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal dated 14.12.2012. For the purpose of this order, we may record facts as arising in Tax Appeal No. 422/2013. In the said case for the assessment year 2001-02, Revenue has framed the following questions for our consideration : (A) Whether in the circumstances and the facts of the case and in law, the Appellate Tribunal is right in deleting the addition of ₹ 12,64,938/- made by the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee could not render satisfactory explanation at the outset. Assessee carried the matter in appeal. In the appellate proceedings, the Commissioner admitted additional evidence after calling for remand report. On the basis of such additional material and other materials on record, CIT(Appeals) reversed the decision of the Assessing Officer. Revenue's appeal before the Tribunal was dismissed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in remand proceedings. The AO did not bring any adverse material to show that the recovery of such advances from those persons is not real nor he was able to show that the transactions so stated for making of advances and recovery thereof is not in agreement with the entries recorded in bank statement that were laid on his record in assessment proceedings. The factum of earning of agricultural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... members. He, therefore, was satisfied on facts with the explanation thereon. In the absence of any adverse material, the deletion of addition for such reasoning does not call for any interference. 3. From the above discussion, it can be seen that the entire issue is based on appreciation of facts. CIT(Appeals) on the basis of materials on record including that allowed to be brought on record ..... X X X X Extracts X X X X X X X X Extracts X X X X
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