2014 (5) TMI 1151

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....T ORAL ORDER (PER : HONOURABLE MS JUSTICE SONIA GOKANI) 1. Aggrieved by the order dated 31.5.2011 of the Income Tax Appellate Tribunal ("the Tribunal" for short) the assessee has challenged the same by way of present Tax Appeal posing following substantial questions of law for our consideration:- "(i) Whether in the facts and circumstances of the case the Income Tax Appellate Tri....

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....nd have examined with his assistance the material on record. Although the questions are more than one, essentially the single question is in respect of the Tribunal not allowing the request of the appellant to remand the matter to the file of the assessing officer. 3. It can be noticed that the assessee company for the assessment year 2006-07 had shown the secured loan and cash credit from the ....

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....d other records before the A.O because the business activity of the assessee were closed and no details could be furnished. It is also stated on other details, that details could be filed and A.O could have verified the facts from other parties. This statement of fact would show that assessee did not produce any details and books of accounts before the A.O. No books of accounts and details were fu....

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....vidence or material. For cash credit/sundry creditors even no confirmation of the parties have been filed. The ratio of the order of the Tribunal or the High Court could be applied if the facts are available on record. In the absence of any facts, details and evidences on record, no reliance could be placed on the decision cited by the Ld. Counsel for the assessee. Considering the facts of the cas....