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2021 (1) TMI 220 - AT - Income TaxAddition u/s 68 - bogus long term capital gains - submissions of the assessee before the A.O. was that he had done this transaction through stock exchanges and banking channels and that he had paid Security Transaction Tax / SEBI Tax / Stamp Duty which was applicable for trading of shares - HELD THAT:- CIT(A) while deciding the case of the assessee discussed the facts of another case and not that of the assessee, she reproduced the grounds of appeal in para 2 of the impugned order which were different from the grounds raised by the assessee in Form No. 35 which is placed on record. In the said grounds mentioned in Form No. 35 the assessee challenged the addition made by the A.O. while the Ld. CIT(A) dealt with the additionwhich was not related to the assessee. In the present case the main grievance of the assessee is that the evidences used by the Ld. CIT(A) while sustaining the addition were not confronted to the assessee and that the submissions of the assessee were not considered by the Ld. CIT(A). The principles of natural justice demand that the material used against the person must be confronted before taking the decision against the said person. We therefore keeping in view the peculiar facts of this case deem it appropriate to set aside this case back to the file of the Ld. CIT(A) to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee and by confronting the relevant material / evidence which were used against the assessee. Appeals of the Assessee are allowed for statistical purposes.
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