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Whether in the facts of the case, the ITAT was right in law in holding that the assessee was entitled to set off gross unaccounted payments on certain transactions against unaccounted receipts for computing unexplained investment made by him in accordance with section 69B of the I.T Act ?

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Sec. 69B of the Income-tax Act, 1961 - Undisclosed investments - The reference is made at the instance of Revenue under section 256 (2) of the Act, 1961 against the order of Tribunal ITAT holding that the assessee was entitled to set off gross unaccounted payments on certain transactions against unaccounted receipts for computing unexplained investment made by him in accordance with section 69B of the I.T Act. High Court answered the said question in the favour of the Revenue holding that “the Tribunal, which is a final fact finding authority has reversed the findings of the AO only on the basis of the principles of law without referring to the facts available on record”. - CIT V/s MANOJBHAI BHUPATRAI VADODARIA - [2020] 273 TAXMAN 220 (GUJ)

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