2009 (11) TMI 55

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....ppellant. JUDGEMENT 1. The revenue has preferred this appeal under Section 260A of Income Tax Act, 1961 (for short, "the Act") against the order of Income Tax Appellate Tribunal, Delhi Bench 'H' New Delhi, in ITA No. 1253/Del/2006 dated 27.2.2009 for the assessment year 2001-02, proposing to raise the following substantial questions of law:- "(i) Whether on the facts and in the circumstan....

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....e difference in opinion of the Assessing Officer and the Commissioner of Income Tax cannot be termed as erroneous whereas it was evident from the assessment order that the same has been passed by the Assessing Officer without making any proper inquiry into the investment in construction of a house and into source of addition of Rs. One lakh to the capital account of the assessee during the year un....

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....mitted the construction account in the paper book and has produced from where funds have been procured. The bank statement exhibiting the loans have been produced. The learned Commissioner without pointing out any discrepancy in these facts and circumstances put the assessee in the second round of litigation. Similar are the facts with regard to the other issue." 3. We have heard learned counse....