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2022 (6) TMI 647 - AT - Income TaxAddition u/s 68 - AO is of the opinion that the assessee has failed to establish the genuineness and credit worthiness of the investor and proceeded by making an addition - HELD THAT:- The undisputed fact is that none appeared before the ld. CIT(A) who was convinced that the assessee did not want to pursue the appeal and, therefore, drew support from the decision of the Hon'ble Supreme Court in the case of B.N. Bhattachargee and Other [1979 (5) TMI 4 - SUPREME COURT] We are of the considered view that the first appellate authority ought to have considered the documentary evidence brought on record by the assessee. Therefore, in the interest of justice and fair play, we deem it fit to restore the appeal to the file of the CIT(A). The ld. CIT(A) is directed to decide the appeal afresh after affording reasonable and sufficient opportunity of being heard to the assessee. Appeal of the assessee is allowed for statistical purposes.
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