2013 (10) TMI 1577

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....R PER G.C. GUPTA, VICE-PRESIDENT: This appeal of the Revenue for the assessment year 2008-2009 is directed against the order of the CIT(A)-II, Surat dated 18.1.2013. 2. The only ground of the appeal of the Revenue is as under: "1. On the facts and circumstances of the case and in law, the ld.CIT(A) has erred in restricting the addition of Rs.19,86,009/- made on account of unaccou....

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....be sustained and relied on the order of the AO. The learned counsel for the assessee submitted that the CIT(A) has passed a well reasoned order, and has worked out the peak amount of the entries in the bank account of the assessee, and the issue is covered in its favour with the decision of the ITAT, Ahmedabad Bench in the case of ITO Vs. Shri Manubhai Narayanbhai Patel in ITA No.2161/Ahd/2012 dat....

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.... defect in the working of the peak amount made by the CIT(A) could be pointed out on behalf of the Revenue. The issue is covered in favour of the assessee with the decision of the ITAT, Ahmedabad Bench in ITO Vs. Shri Manubhai Narayanbhai Patel (supra), wherein held that the entire amount of deposit could not be taxed as income in the hands of the assessee, and the assessment of the amount represe....