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2023 (4) TMI 1104 - AT - Income TaxComplete scrutiny assessment through CASS - Unexplained cash credit - cash deposit during demonetization period unexplained money/cash deposits u/s 69A - As argued no opportunity of heard was granted as prescribed u/s 250(1) and 250(2) - HELD THAT:- The purpose of framing scrutiny assessment u/s 143(3) of the 1961 Act is, inter-alia, to see that the assessee is maintaining proper records, books of accounts etc. and compliance of various applicable provisions of the 1961 Act are made, to finally arrive at income chargeable to tax and compute tax liability of the tax-payer within the mandate of the provisions of the 1961 Act. In case of non compliances of various applicable provisions of the 1961 Act, consequential penal provisions are prescribed in the 1961 Act itself which will get attracted and which has direct bearing on computing income chargeable to tax. CIT(A) in the first round of appeal accepted replies/explanations/submissions/ evidences etc. filed by the assessee without calling for remand report/comments from the AO in breach of Rule 46A of the 1962 Rules and even no opportunity of heard was granted as prescribed u/s 250(1) and 250(2) of the 1961 Act, and granted substantial relief to the assessee. The assessee did not filed any appeal before tribunal against the additions confirmed by ld. CIT(A).We have set aside the appellate order of ld. CIT(A) on the grounds raised by Revenue in its appeal before tribunal, and appeal is now restored at its original level. Needless to say that powers of ld. CIT(A) are coterminus with the powers of ld. AO - Thus the appeal of the Revenue is allowed for statistical purpose, in the manner indicated above
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