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2016 (11) TMI 1508 - AT - Income TaxAssessment u/s 153C - assessee declared an amount as "short term capital gains" and claimed benefit of the provisions of section 111A of the Act relating to the "tax on short term capital gains" suo moto in certain cases - AO never mentioned that the above additional income is attributable to any incriminating material seized u/s 132 - Held that:- It is evident from the record that the AO did not have evidence / incriminating material to show that the said income of ₹ 28,12,544/- or deduction of ₹ 1,10,000/- has a basis of any incriminating material found during the search action. However, this is the case where adjudication by the CIT (A) is done in the absence of the assessee or his representative. Considering the fairness of the requirement of the adjudication of issues involved, we are of the opinion, the grounds raised by the assessee in the appeal are required to be remanded to the file of the CIT (A) for fresh adjudication after granting a reasonable opportunity of being heard to the assessee. Assessee is also directed to make attendance without fail this time in the second round of proceedings before the first appellate authority. We order accordingly. Thus, grounds raised by the assessee are allowed for statistical purposes.
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