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1983 (1) TMI 67

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....ellate Tribunal, Delhi Bench 'B', has submitted the following question of law for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in deleting the addition of Rs. 15,590 made by the Income-tax Officer u/s. 40A(3) of the Income-tax Act, 1961 ? Facts in brief, giving rise to this reference, are that the assessee, an individual, ....

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.... M/s. Agrawal and Company, did not have any bank account. In further appeal, the Tribunal went into the details and after examining each certificate was of opinion that the case of the assessee fell within the four corners of r. 6DD and the circular issued by the Board. It has been argued on behalf of the Commissioner that the AAC could not have accepted the additional evidence. We, however, do n....

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....rtificates and we do not find any vagueness of a routine nature in it. The Tribunal did not, in our opinion, commit any error in accepting it. Attention was drawn to a certificate issued by the Rastriya Block Works, Bartan Bazar, Moradabad, dated 15th August, 1977, and it was urged that at least there was no reason to accept the explanation given by the assessee in respect of this transaction. Thi....