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2016 (1) TMI 1204 - ITAT MUMBAIPenalty under section 271(1)(c) -assessment order passed under section 144 - Held that:- Undisputedly, assessment in the case of assessee was completed under section 144 of the Act. It is also evident that the additions / disallowances made by the Assessing Officer are either on estimate basis or for the reason that supporting evidences are not available. The learned Commissioner (Appeals) has also confirmed the additions / disallowances more or less accepting the reasoning of the Assessing Officer by observing that assessee has not produced any evidence to support its claim. As far as the addition as unexplained investment on account of introduction of capital by the partner, the assessee, at this stage, has produced certain documents by way of additional evidence to demonstrate that the partners are having sufficient source to introduce the capital. Similarly, assessee has produced details of property tax in respect of rental income. We further find on a perusal of the order of the learned Commissioner (Appeals) that he has not at all considered the written submissions claimed to have been filed by the assessee, a copy of which has been submitted before us by way of additional evidences. Therefore, considering the fact that the assessment was completed under section 144 of the Act making certain additions / disallowances and at this stage the assessee has produced additional evidences which are not before the Departmental Authorities, we are of the view that matter requires to be set aside / restored back to the file of the Assessing Officer for denovo assessment on all the issues after considering the additional evidence filed by the assessee along with other evidences as may be available on record.
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