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2023 (5) TMI 26 - AT - Income TaxAssessment u/s 153A - addition to the business income, deemed income under section 56(2)(vii)(a) of the Act, cash credit under section 68 of the Act and interest income - As argued unfortunately, all the persons responsible for the affairs of the company were in judicial custody and, therefore, the assessee could not produce all the relevant books, vouchers etc., before the authorities to prosecute the case diligently - HELD THAT:- As material clearly establishes that from 12/02/2016 to 23/10/2018 all the persons responsible for the affairs of the company were in custody and in their absence, as claimed by the AR, some part of the material was produced before the authorities. There is nothing contrary to disbelieve the statement of the learned AR that the assessee could not prosecute the proceedings before the authorities diligently due to the fact of non-availability of the persons responsible for the affairs of the company. In fact, this peculiar circumstance is taken note by the Co-ordinate Benches of this Tribunal in the cases of the group concerns on earlier occasions as is evidenced by the copies of the orders in the case of DCIT vs. Agri Gold Constructions P. Ltd [2022 (11) TMI 1347 - ITAT HYDERABAD] and M/s. Dream Land Ventures Private Limited [2023 (4) TMI 1185 - ITAT HYDERABAD]. We are of the considered opinion that it would be in the interest of justice to set aside the impugned orders and to restore the matters to the file of the learned AO to adjudicate the same afresh giving an opportunity of being heard to the assessee and also to produce all the relevant material at their custody. Appeal treated as allowed for statistical purpose.
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