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2019 (12) TMI 347 - ITAT CHANDIGARHReassessment u/s 147 - estimation of profit - Principles of natural justice - no notice u/s 148 was ever served by the Ld AO - impugned assessment order passed without giving any opportunity of hearing - HELD THAT:- The assessee is apparently not aware either of the statutory rules or the provisions. A perusal of the impugned order also brings out the fact that admittedly the statutory Appellate Forum provided to the assessee namely First Appellate Authority in the facts of the present case has not been availed of by the assessee effectively. The reasons for making the said observation is evident not only from the manner in which the prayer in the grounds has been couched. The assessee admittedly was required to address during the assessment proceedings the deposits in his bank account. On account of inability to address the facts with supportive evidences addition of ₹ 16,54,127/- stood made as a result of estimation of profits @ 5% of the deposits amounting to ₹ 3,30,82,547/- made in assessee's bank account - the assessee was under a bonafide belief that on the advancing of arguments of having been framed by some person named Ishu Sharma, the ld. CIT(A) would have the power to “waive” the fine imposed”. The assessee appearing in person admittedly did not comprehend the nature of relief being sought and failed to comprehend that there was no such power vested by the Statute in the Authority of the First Appellate Authority and further that no fine had been imposed - the Right to Appeal cannot be said to have been exercised by the assessee in all fairness as the assessee failed to comprehend the nature of the order and the magnitude of the evidences required. It is deemed appropriate to restore the issue back to the file of the Ld. CIT(A), directing the assessee to address the relevant facts on the basis of which the Ld. CIT(A) can grant relief if maintainable in law. The appeal of the assessee is allowed for statistical purposes.
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