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i. Assessee has admitted most of the amounts u/s. 132(4) in
various statements recorded over a period of time and
followed up with filing the returns admitting deficit cash.
Thus, CIT(A) has erred in admitting the appeals filed in
violation of provisions u/s 249(4);
ii. Revised computation, even though not discussed by the AO
in the order but was commented in the remand report,
cannot be accepted as valid as there is no concept of revised
return in block assessments. Accordingly, the revised
computations cannot be considered;
8.5. For AY. 2008-09, which is not forming the part of block
period, is the regular return filed u/s. 139 and therefore a revised
return can be filed within one year from the end of the assessment
year which ended on 31-07-2009. Since the return filed by
assessee is a valid return, the revised computation filed after that
date cannot be accepted.
9. Coming to the merits of the additions made by the AO,
it was submitted that incriminating material was found during the
course of search which was the basis for various statements
recorded. While accepting that assessee has not maintained books
of account at the time of search, assessee has prepared cash flow
statements on the basis of which deficit cash was worked out and
Shri P. Madhusudan Reddy
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