2009 (4) TMI 308

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....s, with him) for the appellant. V. Shekhar, Senior Advocate (Arijit Prasad, Ms. Vismai Rao and B. K Prasad, Advocates, with him) for the respondents.                                         &nbs....

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.... that there was another question, besides the question quoted hereinabove, which has been remanded by the High Court to the Assessing Officer (See paragraph 8 of the impugned judgment). Therefore, in our opinion, the above-quoted question is also being remanded to the Assessing Officer for fresh consideration in accordance with law. In short, the above question, in addition to the question remande....

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....d by the High Court that it is for the appellant-firm and its partners to explain and produce relevant documents before the Assessing Officer to show as to when and how the aforestated amount was received by them. The High Court further rightly held that if the partners of the appellant-firm are unable to produce any material evidence, then it would be open to the Assessing Officer to complete the....