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    <title>2018 (1) TMI 1768 - RAJASTHAN HIGH COURT</title>
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    <description>Whether an addition under s. 68 for an allegedly bogus unsecured loan could be sustained on the basis of Investigation Wing information gathered from a third party without disclosing such material to the assessee and affording an opportunity to rebut it was the dominant issue. Applying the SC rule in Dhakeswari Cotton Mills that reliance on undisclosed material violates fundamental principles of natural justice and denies a fair hearing, the HC held that such information cannot be used against the assessee without disclosure and rebuttal opportunity; consequently, the ITAT&#039;s deletion of the s. 68 addition was affirmed and the appeal was dismissed for want of any substantial question of law.</description>
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    <pubDate>Wed, 17 Jan 2018 00:00:00 +0530</pubDate>
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      <title>2018 (1) TMI 1768 - RAJASTHAN HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=465862</link>
      <description>Whether an addition under s. 68 for an allegedly bogus unsecured loan could be sustained on the basis of Investigation Wing information gathered from a third party without disclosing such material to the assessee and affording an opportunity to rebut it was the dominant issue. Applying the SC rule in Dhakeswari Cotton Mills that reliance on undisclosed material violates fundamental principles of natural justice and denies a fair hearing, the HC held that such information cannot be used against the assessee without disclosure and rebuttal opportunity; consequently, the ITAT&#039;s deletion of the s. 68 addition was affirmed and the appeal was dismissed for want of any substantial question of law.</description>
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