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TMI Blog2021 (8) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... der. For the sake of convenience and clarity, the facts relevant to ITA No. 116/PUN/2018 in the case of Shalan V. Keswad are stated herein. 3. The Appellant has raised the following ground of appeal in ITA No. 116/PUN/2018: " The learned CIT(Appeals)-4, Pune erred in law and on facts in confirming the addition of Rs. 77,08,750/- to the total income of the appellant." 4. The brief facts of the case are as under: The appellant is an individual. No return of income under the provisions of Sec. 139(1) of the Income Tax Act ("hereinafter referred to "the Act") was filed. However, based on the information received from the Deputy Director of Income Tax (Investigation), Unit - II (1), Pune that the assessee has paid the consideration at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y money over and above the consideration stated in the sale deed. It is further contended that no addition can be made merely based on the statement given by the third party. However, the ld. CIT(A) rejected the contention of the appellant by relying upon the evidence gathered by the Assessing Officer during the course of assessment proceedings. 6. Being aggrieved with the order of ld. CIT(A), the appellant is before us in the present appeal. 7. The learned counsel for the assessee contended that the ld. CIT(A) ought not have confirmed the addition merely basing on the statement of the third parties. 8. On the other hand, Ld. D.R. placed reliance on the orders of lower authorities. 9. We heard the rival contentions of both the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with the law. 10. In the result, the appeal filed by the assessee in ITA No. 116/PUN/2018 is partly allowed for statistical purposes. 11. ITA No. 117/PUN/2018 We have already decided the issue under identical facts in favour of the assessee in ITA No. 116/PUN/2018 and partly allowed the appeal of the assessee for statistical purposes by remanding the matter to the file of Assessing Officer. Therefore, our decision in ITA No. 116/PUN/2018 shall apply, mutatis mutandis, to this appeal also and accordingly this appeal is also partly allowed for statistical purposes. 12. In the result, the appeal of assessee in ITA No. 117/PUN/2018 is partly allowed for statistical purposes. 13. In the combined result, both the appeals of assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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