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2022 (10) TMI 114 - AT - Income TaxUndisclosed rental income - primary arguments of the assessee are two-fold: firstly, on merits, the assessee submitted that the rental income did not accrue to the assessee in the first place, since the same was siphoned off illegally and fraudulently by the directors of the company - assessee submitted that the order has been passed by Ld. CIT(Appeals) without granting adequate opportunity of hearing to the assessee - HELD THAT:- As assessee was never in receipt of the rental income, since neither the assessee company had entered into a lease agreement with the tenants and nor was the rental income ever received by the assessee company, accordingly the said rental income was not offered to tax by the assessee in its return of income. Secondly, inadequate opportunity of hearing was afforded by the Ld. CIT(Appeals) and the case was dismissed without hearing the same on merits for all the years under consideration. In the interest of justice, we are setting aside the case to the file of the Ld. CIT(Appeals) for hearing the case afresh on merits, after giving due opportunity of hearing to the assessee. Appeal of the assessee is allowed for statistical purposes.
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