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2017 (10) TMI 540 - AT - Income TaxAddition u/s 68 - Held that:- It is an admitted fact that assessee did not attend at many assessment proceedings despite service of notices. However, some proceedings were attended, but adjournment was sought. No explanation was filed with any documentary evidence to explain the cash deposited by assessee in his bank account maintained with ICICI Bank Ltd., The A.O. therefore, passed ex-parte order under section 144 of the I.T. Act. It is, therefore, the duty of the Ld. CIT(A) before granting relief to the assessee that whatever contention was raised by the assessee before him should be confronted to the A.O. The A.O. should have been given an opportunity of being heard at the appellate stage in such circumstances, before passing the appellate order. Therefore, the order passed without giving opportunity to A.O. to rebut the claim of assessee, the order cannot be sustained in law As assessee did not raise any such plea of peak credit before A.O. and no factual foundation have been laid out for claiming benefit of peak credit either before A.O. or before Ld. CIT(A). The assessee admitted before Ld. CIT(A) that cash flow statement is cooked-up document. In view of the above, we find that the matter requires re-consideration at the level of the Ld. CIT(A). In view of the above discussion, we set aside the impugned order of the Ld. CIT(A) and restore the appeal of the assessee to the file of Ld. CIT(A) with a direction to re-decide the appeal of assessee in accordance with law, by giving reasonable, sufficient opportunity of being heard to the assessee as well as A.O.
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