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Appealis partly allowed.On the facts and in the circumstances of the case and in law the ld. CIT(A) erred in confirming the addition of Rs. 1,66,18,640/- made by AO on account of alleged undisclosed sale of scrap which remains with job workers.

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Section 4&69 of the Income Tax Act, 1961– Income from undisclosed sources– Assessee having clearly explained that certain scrap shown in RG1 has been retained by the job workers and produced their confirmations as well as affidavits affirming the retention of the scrap generated during the course of job work and sale thereof by them, addition made by the AO towards alleged unaccounted sale of scrap is not sustainable,more so as the AO has not made any such addition in the assessment of the preceding year – Agrasen Engineering Industries P ltd v Assistant Commissioner of income tax [2020] 203 TTJ (Jaipur) 498

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