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K.D.RANJAN, R.P.TOLANI
Chiranjiv Charitable Trust – Appellant
Versus
Additional Director of Income-tax (E), Range-1, New Delhi – Respondent


Advocates Appeared:
R.R. Maurya, S.D. Kapila,S. Krishna

ORDER

R.P. Tolani, Judicial Member - This is a set of cross appeals for A.Y. 2006-07 and assessee's appeal for A.Y. 2007-08. All these appeals are heard together and being disposed of by a common order for the sake of convenience. Respective grounds are as under:

ITA no. 3602/Del/09 (Assessee's appeal for A.Y. 2006-07):

"1.1 That on the law, facts and in the circumstances of the case, the learned CIT (Appeals) has erred in sustaining the addition of Rs. 1.50 crores u/s 68 of Income-tax Act, 1961 being the corpus donation received by the appellant trust from S. Jagjit Singh in utter disregard to the facts and evidence of the case on record as reproduced in the impugned order and relying merely on alleged denial of making any donation in form of statement recorded by the Additional Director of Income-tax (Investigation), inter alia, the learned CIT (Appeals) failed to appreciate that without allowing the requested opportunity to the appellant to cross examine the party, the said evidence could not be used as evidence in law.

1.2 Without prejudice, even otherwise, the alleged assertion of the party in the statement denying the fact of making the donation stood vitiated by other evidence o

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