2015 (2) TMI 210
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....he Revenue has preferred the present appeal on the following substantial questions of law formulated by the appellant at paragraph 2 (A) and (B), which read as under:- "2(A) Whether the Appellate Tribunal has substantially erred in holding that the disclosure made by the assessee was not over and above the income declared in its books of accounts despite the fact that this amount was disclosed by....
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....eturn and assessed the amount of tax. The matter was carried in appeal and CIT(A) confirmed the order of A.O. The Tribunal observed at paragraph 8 as under:- "8. We have heard the rival submissions and perused the material on record. It is an undisputed fact that during the course of survey, Assessee admitted to the income of Rs. 35 lacs but in the return of income filed by the Assessee the incom....
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....ed." 4. Resultantly, the Tribunal partly allowed the appeal. Under these circumstances, the Revenue has preferred the present appeal. 5. As such, the aforesaid finding of Tribunal shows that as per the Tribunal the Revenue has not brought any material on record to demonstrate that the additional of Rs. 35,00,000/- made by the A.O., is taxed by any tangible material apart from the statement recor....