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    <title>2025 (11) TMI 1233 - ITAT AHMEDABAD</title>
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    <description>ITAT Ahmedabad allowed the assessee&#039;s appeal and deleted the addition u/s 69 relating to alleged money payments to Dharmadev Infrastructure Ltd. The Tribunal held that the AO had brought no independent evidence, material, or incriminating document to establish undisclosed income and had made the addition solely on the basis of a third party&#039;s disclosure before the Settlement Commission. It held that confidential information in an application u/s 245D(1), particularly where no order u/s 245D(4) exists, cannot be used by the AO as evidence against the assessee. As the assessee had explained payments (mostly by cheque, with receipts) and no inquiry was conducted by the AO, the addition sustained by CIT(A) was set aside.</description>
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      <title>2025 (11) TMI 1233 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=781765</link>
      <description>ITAT Ahmedabad allowed the assessee&#039;s appeal and deleted the addition u/s 69 relating to alleged money payments to Dharmadev Infrastructure Ltd. The Tribunal held that the AO had brought no independent evidence, material, or incriminating document to establish undisclosed income and had made the addition solely on the basis of a third party&#039;s disclosure before the Settlement Commission. It held that confidential information in an application u/s 245D(1), particularly where no order u/s 245D(4) exists, cannot be used by the AO as evidence against the assessee. As the assessee had explained payments (mostly by cheque, with receipts) and no inquiry was conducted by the AO, the addition sustained by CIT(A) was set aside.</description>
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