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2014 (8) TMI 1194 - AT - Income TaxIssue not raised by the assessee before the lower authorities - notice under section 153C r.w.s. 153A was issued in this case after expiry of two years from the date of search - HELD THAT:- We find that the issue raised by the assessee in this ground of the appeal being legal in nature, has to be admitted. However, this issue was not raised by the assessee before the AO and the CIT(A). Accordingly, we are of the view that it shall be in the interest of justice to restore this issue to the file of the AO with direction to decide about the legal issue regarding legality of the notice dated 13.6.2008 issued by the DCIT after allowing reasonable opportunity of hearing to the assessee. Addition u/s 68 - HELD THAT:- We find that since the legal issue raised regarding legality of the notice dated 13.6.2008 has been restored to the file of the AO, it shall be justified to restore other issues raised of the appeal of the assessee to the file of the AO with direction to decide the same afresh in accordance with the law after allowing reasonable opportunity of hearing to the assessee - Decided in favour of assessee for statistical purpose.
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