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2020 (7) TMI 151 - AT - Income TaxReopening of assessment - treating Exempt Interest and Rental income under section 10(24) as Taxable income of the assessee - non providing the sufficient opportunity of being heard, without providing the copy of recorded reason for issuing the notice under section 148 - HELD THAT:- Assessee has not filed any return of income U/s 139(1) of the Act and the A.O. has initiated reassessment proceedings U/s 147/148 by issuing notice U/s 148 on the basis of AIR information showing the interest income received by the assessee from SBBJ. Exemption claimed by the assessee U/s 10(24) of the Act was denied by the A.O. and consequently, the entire income as shown in the return of income has been assessed to tax while framing the reassessment order on 23/12/2017. Since no body has appeared and attended the proceedings before the ld. CIT(A), therefore, the appeal of the assessee was dismissed by impugned order passed ex parte. It is pertinent to note that even the documentary evidence regarding the registration of the assessee’s Trade Union was not produced either before the A.O. or before the ld. CIT(A), therefore, in these facts and circumstances the assessee has now produced all the documentary evidences to show that the assessee is a registered Trade Union and the income during the year was earned from interest from the bank deposits as well as rental income in respect of the property owned by the assessee. Since this explanation and documentary evidence were not available before the authorities below and the ld. CIT(A) has dismissed the appeal of the assessee ex parte, therefore, in the interest of justice, we set aside the matter back to the record of the A.O. to frame the assessment de novo after considering all the documentary evidences regarding source of income and eligibility of the assessee for exemption U/s 10(24) of the Act. Appeal of the assessee is allowed for statistical purposes only.
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