2013 (10) TMI 1184

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.... reported to be delayed by three days. The delay has been sufficiently explained in the affidavit supporting the application for condonation of delay. The delay is accordingly condoned. We have heard Shri Shambhu Chopra, learned counsel for the income tax department. In this income tax appeal under Section 260A of the Income tax Act, 1961 arises out of the order dated 7.6.2013 passed by the ....

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....of which the assessee is retracting on statement made under a due legal process and trying to evade the genuine tax liability which was created by the assessing officer on the basis of surrender made by him. 3. Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in not appreciating the fact that the surrender of 1.50 crores for different concerns of fam....

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....titioner was retracted by filing an affidavit on the same day. The ITAT has observed in paragraphs 11, 12 and 13 as follows:- "11. During the course of hearing nothing has been placed by the Revenue to substantiate that the additions were not made only on the basis of surrender statement but for incriminating evidence collected by the Assessing Officer. Under these circumstances we are of the v....

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.... Accordingly, the appeals of the Revenue as well as the assessee are dismissed. 13. So far the Cross Objections are concerned, these were filed in support of the order of the CIT (A). Since the order of CIT (A) is confirmed in the Revenue's as well as in assessee's appeal, the Cross Objections have become infructuous. We accordingly rejected the same." We are of the view that the CIT (A) and....