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2019 (8) TMI 1558 - AT - Income TaxUnexplained cash credit u/s 68 - denial of natural justice - assessee submitted that there was no satisfactory compliance on the part of the concerned share subscribers to the summons issued by the Assessing Officer under section 131 during the course of assessment proceedings - As argued relevant documentary evidence to explain the relevant cash credits representing share application money including premium in terms of section 68 was not filed before the AO but still the ld. CIT(Appeals) considered that insufficient evidence available on the assessment records and decided the issue against the assessee - HELD THAT:- We consider it fair and proper and in the interest of justice to give one more opportunity to the assessee to support and substantiate its case on the issue under consideration by sending the matter back to the AO. Even the ld. D.R. has not raised any objection for sending the matter back to the AO - set aside the impugned order of the ld. CIT(Appeals) and restore the matter to the file of the Assessing Officer for deciding the same afresh in accordance with law after giving one more opportunity to the assessee to support and substantiate its case - Decided in favour of assessee for statistical purposes.
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