2010 (6) TMI 895

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....ent : Shri Durgesh Sumrott. ORDER 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 disal....

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....r years and other credits do not call for consideration u/s.68 of the Act. 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 t....

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.... sheet of the preceding year in respect of the claim of loans taken in the earlier year and thus 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 submi....