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Manju Kunchal, C/o. L. M. Agarwal & Co, Chartered Accountaant, KA-32, Kavi Nagar, Ghaziabad Vs. ITO, Ward-1(4), Ghaziabad
July, 20th 2015
                       DELHI BENCH `SMC-II', NEW DELHI

                                  ITA No. 5239/Del/2014
                                 Assessment Year: 1997-98

            Manju Kunchal,                Vs.    ITO,
            C/o. L. M. Agarwal & Co,             Ward-1(4),
            Chartered Accountant,                Ghaziabad
            KA-32, Kavi Nagar,
             (Appellant)                         (Respondent)

                  Appellant by  :       Sh. L.M. Agarwal, CA
                  Respondent by :       Sh. Manoj Kr. Chopra, Sr. DR

                               Date of Hearing    : 13.07.2015
                        Date of pronouncement     :   17.07.2015


      This appeal is filed by the assessee against the order dated 04.10.2013 of
Ld.CIT(A), Muzaffarnagar pertaining to the Assessment Year 1997-98 on the
following ground which reads as under:-

      "1.   That the Learned CIT (A) erred in Law as well as on fact by reject the
      appellant Ground No 1 "Regarding again addition of Rs. 160224/ - U/s 68 of I.
      Tax Act, as made by AO when all books of accounts was produced with
      evidence as per direction of 1TAT" Vide ITA No. 5022/DEL/03 dt 07/11/2 008.

      2. That the learned CIT (A) erred in Law as well as on fact by reject Ground
      No. 2 & 3 in spite of that all information and evidence has been place on
      records and copy of books of accounts also filed.

      3.  That in any case sustained of addition of Rs. 1,60,224/- is illegal and
      against ma terial available on the records. "

2.    This is the second round of appellate proceedings. The short point for
consideration is whether addition of Rs.1,60,224/- u/s 68 of the Income Tax Act,
1961 is sustainable. The assessee submits that these are not fresh credits, but only
repayments of amount due from the parties and these amounts are part of the
opening outstanding balances. An affidavit to that extent and copy of accounts have
been filed by the assessee. The AO has not produced any evidence to contradict the
                                                                            Page 2 of 2

submission of the assessee. No investigation or verification is done by the AO. There
is no evidence to disbelieve the affidavit and material evidence produced by the
assessee. Under these circumstances the addition in question cannot be sustained.
In the result the addition is deleted and the grounds raised by the assessee are
      Order pronounced in the Open Court on 17th July, 2015.


                                                  (J. SUDHAKAR REDDY)
                                                   ACCOUNTANT MEMBER

Dated:17th July, 2015

Copy forwarded to: -
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR, ITAT
                          TRUE COPY
                                                                        By Order,
                                                               ASSISTANT REGISTRAR
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