TaxTMI 
TaxTMI 
2010 (6) TMI 895
X X X X Extracts X X X X
X X X X Extracts X X X X
....PER D. MANMOHAN, VICE-PRESIDENT : This is an appeal filed by the assessee and it pertains to asst. year 2005-06. 2. At the time of hearing, ld. counsel appearing on behalf of the assessee submitted that only ground no. 2 is the material ground which reads as under : "(2) The Learned CIT(Appeals) has erred in sustaining, partly, the disallowances made by the Assessing Officer on account of : ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....For example, advance received against sale of flat cannot be added u/s.68. He furnished additional evidence before ld. CIT(A) vide letter dated 15-12-2008 wherein he explained as under : "The appellant has obtained loan confirmation from all the persons mentioned in the statement. Most of the lenders are assessed to income-tax. Moreover, a sum of Rs.3,60,000/- has been received as advance toward....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s did not adjudicate the other issues such as availability of confirmation letter, etc. 5. On the other hand, the ld. D.R. submitted that the assessee has not cooperated with the AO and thus there is no need for the ld. CIT(A) to admit fresh evidence. 6. We have carefully considered the rival submissions and perused the record. It is not the case of the assessee, at this stage, that the AO has n....