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2020 (12) TMI 553 - AT - Income TaxAddition on account of credit in bank account of the appellant with Punjab National Bank - unexplained credits in the bank account of the assessee - AO expressed his inability to submit his comments on the ground that the record being very old was not traceable - explanation put forth by the assessee that the credit in the bank account on account of amount received from sale of diamond jewellery was rejected by the AO on the basis of the report of the Investigation Wing - CIT-A upheld the order of the AO only on the ground that the earlier order framed by the AO was based on the report of the Investigation Wing - matter traveled upto the level of the Tribunal and set aside the order of the CIT(A) and restored the issue to the file of the AO for decision afresh on the issue after giving the assessee a reasonable opportunity of being heard - second round of appeal HELD THAT:- Admittedly the directions given by the Tribunal have not been complied with by the AO while framing the impugned assessment in this case. Though the ld. CIT(A) tried to comply with the directions by writing letters to the concerned officers related to the investigation and assessment framed in the case of M/s. Tambi Exports, however, no record was furnished by them in this respect to the ld. CIT(A). Even the Assessing Officer also failed to give his comments on the submissions/objections submitted by the assessee before the CIT(A) stating that the record was very old and was not traceable. Tribunal while setting aside the matter to the AO has given a categorical observation that the report of the Investigation Wing in the case of M/s. Tambi Exports was not conclusive to uphold the additions made by the AO, rather the factum of assessment in the case of M/s. Tambi Exports on the basis of the said investigation report was required to be considered/ascertained and further the evidence brought on record by the revenue is required to be confronted to the assessee and the assessee is required to be given reasonable opportunity of being heard on the same. Admittedly neither the record/evidences as directed by the Tribunal, have been brought on record nor the assessee could get the opportunity to confront the same. The additions made by the lower authorities are not sustainable in the eyes of law and the same are ordered to be deleted.- Decided in favour of assessee.
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