2012 (10) TMI 849

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....ra, CA ORDER PER RAJPAL YADAV, JM The revenue is in appeal before us against the order of Ld. CIT(A)-III, Delhi dated 07.12.2011 passed for AY 2007-08. 2. The solitary grievance of the revenue is that Ld. CIT(A) has erred in deleting Rs.10,48,340/- by entertaining the additional evidence in violation of Rule 46A of the Income Tax Act Rules, 1962. 3. The brief facts of the case are t....

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....confirmation in respect of the following parties:- S.No. Name of the Broker Amount in Rs. 1. Chaudhary Naresh & Co. 1,24,515/- 2. Global Avenues 1,23,464/- 3. Harmony Estates and Developers 1,74,060/- 4. Sahni & Associates 6,26,301/- The Ld. AO disallowed the claim of the assessee with respect to this amount and made an addition of Rs.10,48,340/-. ....

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....d. CIT(A) thereafter, entertained the additional evidence and deleted the addition. The finding recorded by the Ld. First Appellate Authority for admission of additional evidence is worth to note. It reads as under :- "In the remand report the AO has taken objection to admittance of additional evidence, on the ground that the assessee did not furnish the confirmation inspite of repeated opportu....

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....re concerned, Ld. AO did not raise serious dispute, rather he accepted the claim of deduction. It is discernible from the remand report extracted by Ld. CIT(A) on page 19 of the order. Now, the only dispute remained before us is whether Ld. CIT(A) has rightly entertained the additional evidence or not? On perusal of the record, we find that AO has issued notice u/s 143(2) on 16.09.2009. He complet....