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The ld. CIT(A) has accepted the availability of cash of Rs. 1,55,858/- saying that the same generated out of the undisclosed sales, assuming that it was the cash sale effected on the date of survey itself, hence directed to give set - off but rejected the contention of the utilization of the undisclosed sale proceeds (of Rs. 10,86,165/-) towards the alleged unaccounted purchases of Rs. 13,00,000/-. Against which the assessee is in further appeal before the ITAT.

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Sec. 133A of Income Tax Act, 1961—Survey— Addition made and confirm was solely based on the statement of the assessee without any corroborative evidence and AO was directed to restrict the addition to the extent of Rs. 28,240/- being profit element on unaccounted sales. - MURLIDHAR DEENDAYAL V/s ITO - [2020] 82 ITR (TRIB) 223 (ITAT-JAIPUR)

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