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CIT(A) Cannot Replace Section 68 for Section 69A Without Hearing: ITAT Raipur

Case Law Details

Case Name
Vijay Kumar Jaiswal Vs ITO (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
Advertisement Vijay Kumar Jaiswal Vs ITO (ITAT Raipur) The Raipur ITAT allowed the assessee’s appeal arising from the order of the CIT(A)/NFAC for AY 2014-15, holding that the appellate authority could not substitute Section 68 of the Income Tax Act for Section 69A without issuing statutory notice or providing an opportunity of hearing to the assessee. The Assessing Officer had made an addition of ₹17,76,480 under Section 69A as unexplained money in relation to cash deposits. The Tribunal noted that while the assessment proceedings and the enquiry conducted by the Department were entire...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,862

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