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2003 (7) TMI 728

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..... dy appeared for the assessee on 22-4-2003 and 29-4-2003, when the matter was listed for hearing. Therefore, we proceed to decide the matter ex parte. 2. On an application under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for the opinion of this Court :- Was the Tribunal, under the facts and circumstances of the case a .....

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..... nd added ₹ 92,535 as unexplained cash and ₹ 90,680 as unexplained silver ornaments weighing 31.706 kgs. as total income of the assessee. 4. On appeal, the CIT(A) deleted both the additions. This is with regard to assessment year 1985-86. For the assessment year 1986-87, the Assessing Officer found some discrepancy in the stocks and sales of silver ornaments. After consid .....

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..... en upheld. In reference, order dated 12-10-1994 has been questioned. None appeared for the assessee. 6. Heard Mr. Singhi, learned counsel for the Department. The facts are not in dispute and after hearing both the sides, the Tribunal has set aside the order of the CIT(A) and remanded the matter back to him to decide the issues involved afresh, after properly appreciat .....

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..... eby the CIT(A) has given relief to the assessee. When, at one stage, the Tribunal has taken the view that the CIT(A) has not properly looked into the papers in the paper book which was submitted to him and he should reconsider his views and discuss the evidence which has been brought on record in the form of paper book. In our view, there is nothing wrong in the observations in the earlier order a .....

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