2005 (1) TMI 676

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...., Allahabad has referred the following two questions of law under section 256(1) of the Income-tax Act, 1961, hereinafter referred to as 'the Act' for opinion to this Court : "1. Whether the ITAT is correct in law and on facts in reversing the order of the learned AAC setting aside the assessment after issuing a notice of enhancement under section 251 of the Income-tax Act, 1961? ....

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....sactions recorded in the seized books related to undisclosed business of the assessee, Indrajeet Singh, Bhupendra Singh and Mahendra Singh. The Assessing Officer found certain cash loans of the Calcutta parties in the seized account books and these cash loans were added in the hands of the assessee. The addition was set aside by the CIT(A) by the order dated 5th March, 1985 to enable the assessee ....

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....de the assessment order and remanded back the matter to the ITO again with the directions that the genuineness of the cash credit may be adjudicated upon a fresh. Aggrieved against the aforesaid order the assessee filed a second appeal before the Tribunal. The Tribunal has allowed the appeal and found that the explanation submitted by the assessee establishes the genuineness of the cash credit in ....