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2018 (1) TMI 445 - AT - Income TaxUnexplained investment u/s 69 - Held that:- As before us, the assessee filed additional evidence which could not be filed before CIT (Appeal) within the specified time. The assessee has also filed an affidavit stating that the assessee could not attend the office of the Ld. Commissioner of Income Tax (Appeal) under the bona fide reasons/compelling circumstances as has been narrated in the said affidavit. Considering the aforesaid order of the Tribunal and the reasons explained before us/stated in the affidavit, we are of the view that even as per Article 265 of the Constitution of India, only due taxes has to be levied/collected. Even otherwise, no persons should be condemned unheard, thus, considering the principle of natural justice and the material facts available on record, in all fairness, we deem it appropriate to remand these files to the file of the First Appellate Authority to adjudicate the same afresh on merit. The assessee be given opportunity of being heard with further liberty to furnish evidence in support of his claim. The assessee is also directed to remain careful and to furnish the necessary evidence before the Ld. Commissioner of Income Tax (Appeal), thus, the appeals of the assessee are allowed for statistical purposes only.
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