TMI Blog2019 (9) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... r restored to the file of AO for a fresh decision. In the absence of any distinguishing feature and respectfully following the precedent, we also set-aside the impugned order and remit the matter to the file of the AO for deciding the issue afresh - Appeal allowed for statistical purposes. - ITA No.600/PUN/10 - - - Dated:- 12-2-2019 - Shri R.S. Syal, Vice President And Shri Vikas Awasthy, Judicial Member For the Appellant : Shri Sunil Ganoo For the Respondent : Shri S.B. Prasad ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(A)-1, Nashik on 24-02-2010 in relation to the Block Period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. We have heard both the sides and perused the relevant material on record. It is seen that the assessee s brother, Mr. Prakash Bhikchand Agrawal, was also simultaneously subjected to search on the same date, i.e. 10-07-1997. He also filed his return for the block period and VDIS declaration. Amount of income at ₹ 11,96,000/- declared by him under VDIS 1997 was reduced from the total undisclosed income declared in his block return, in the same way in which it has been done by the assessee. The declaration was rejected. The AO completed the assessment by excluding the income of ₹ 11,96,000/- declared under VDIS. The ld. CIT invoked his powers u/s.263 and held the assessment order erroneous and prejudicial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the Hon ble Bombay High Court also did not allow relief to him on that score. It is further noticed that in the hands of the assessee s brother also, income in the VDIS 1997 declaration of ₹ 11,96,000/- was on account of entries in kaccha cash book, marriage expenses and purchase of ornaments, which is similar to the facts of the instant case. This transpires that the facts and circumstances of the extant case are similar to those of Mr. Prakash Bhikchand Agrawal, in whose case the addition has been set-aside and the matter restored to the file of AO for a fresh decision. In the absence of any distinguishing feature and respectfully following the precedent, we also set-aside the impugned order and remit the matter to the file of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
