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2019 (3) TMI 1900 - AT - Income TaxRevision u/s 263 - CIT observed that the assessee has made (i) provision for payment of interest on fixed deposit and (ii) provision for election/general body expenditure which was not examined - HELD THAT:- We found that in the revision proceedings the assessee has not produced any proof in support of its claim and the method of accounting. Further, in respect of second issue of provision for election/general body expenditure even before the Tribunal, the learned AR could not substantiate with evidence in respect of the claim. Therefore, we, considering the facts and circumstances and the financial statements, are of the substantive opinion that though the AO has called for information in assessment proceedings in respect of other issues and there is no finding/observation on the above two disputed issues in the assessment order. We find that the CIT’s action in revision proceedings that the AO has not made proper inquiry cannot be overlooked. Accordingly, we are not inclined to interfere with the order of the CIT on the disputed issues and affirm the same and dismiss the ground of appeal of the assessee. Order passed by the CIT is ex-parte - HELD THAT:- Prima facie, the CIT(A) has passed the order considering the findings of the AO and there is no representation by the assessee or by the learned AR on the date of hearing. Further, the notice of hearing was sent on 11/08/2016 posting the case on 24/08/2016, being only one hearing provided to the assessee. Therefore, we, considering the principles of natural justice and the facts of the case and the assessee being a co-operative society, restore this disputed issue to the file of the AO to meet the ends of justice and AO shall call for the details and examine the claims.
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