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2009 (2) TMI 16

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.... 2. Admit. 3. The following substantial questions of law are framed: (1) Whether the Income Tax Appellate Tribunal was justified in law in setting aside the issue to the file of the assessing officer in respect of alleged unexplained investment in property of Rs.10,38,000/- u/s 69B of the Income Tax Act, 1961? (2) Whether the Income Tax Appellate Tribunal was justified in law in setting ....

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....aw in sustaining addition to the extent of Rs.36,918/- out of the total addition made on account of alleged undisclosed rental income by holding that 1/11^th of the total rental income is assessable in the hands of the appellant despite the fact the appellant was not owning any property? 6. It is not in dispute that the property in question was owned by Late M.C. Jain. On his demise, the rental....