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2021 (4) TMI 950 - AT - Income TaxAddition u/s 68 - assessee submitted that, the notice of hearing sent by the ld. CIT(A) was on a wrong address and consequently, the assessee did not receive the notice and thus, none appeared before the ld. CIT(A) and the ld. CIT(A) passed an ex-parte order - HELD THAT:- As relying on M/S. SRIRAM TIE UP PVT. LTD. VERSUS ITO, WD 9 (4). KOLKATA [2018 (3) TMI 1403 - ITAT KOLKATA] ITAT has passed similar orders in many cases on the same issue of additions made u/s 68 of share capital and has set aside the assessment to the file of the AO for fresh adjudication with a direction that Assessing Officer may examine the evidence already on record as well as other documentary evidences which the assessee may file before him and adjudicate the issue in accordance with law. There is violation of the principles of natural justice in this case. Keeping in view the totality of the facts and circumstances of the case, the submissions of both sides and also the orders of the Co-ordinate Bench of the Tribunal in similar matters, we set aside this issue to the file of the AO for fresh adjudication in accordance with law, after giving the assessee adequate opportunity of being heard. Appeal of the assessee is allowed for statistical purposes.
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