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On a perusal of the impugned order we find ourselves constrained to hold that the order cannot be upheld. The order cannot be said to be a speaking order in the eyes of law as the affidavit relied upon on behalf of the assessee has neither been discussed nor any reasons have been given why it has to be discarded. In the absence of any discussion on the facts and submissions advanced by the assessee before the CIT(A), we are not in a position to conclude whether the finding arrived at by the CIT(A) is correct on facts or not. Accordingly, we set aside the impugned order and restore the issue back to the file of the CIT(A) with the direction to pass a speaking order in accordance with law.

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Section 69B read with section 147 of the Income Tax Act, 1961— Undisclosed investments — Matter was to be remanded as revenue made addition alleging huge cash payment in purchasing immovable property while assessee claimed to have filed return regularly over years that would justify such payment in view of fact that Commissioner (A) had not passed speaking order — Balwan Singh vs. Income Tax Officer [2019] 179 ITD 577(Chandigarh-trib)

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