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2021 (1) TMI 51 - AT - Income TaxUnsecured loan creditors - AR submitted before us that the Ld. AO has not offered proper opportunity to the assessee and passed ex-parte Order - As submitted that assessee-company had incurred huge losses and is under the process of closing down its business and the assessee is now in possession of the confirmation letters from the unsecured loan creditors - HELD THAT:- Neither the assessee nor its Authorised Representative appeared before the Ld. CIT(A) during the proceedings before him, though several opportunities were provided. Therefore, the argument advanced by the Ld. AR that proper opportunity of being heard was not provided to the assessee by the Ld. CIT(A), does not have any merit. CIT(A) has remitted back the issue with respect to unsecured creditors to the file of Ld. AO for verification which is erroneous because the Ld. CIT(A) does not have such powers under the Act. Further, considering the submissions of the Ld. AR that additional evidence is required to be produced before the Ld. Revenue Authorities, we hereby set aside the order of the Ld. CIT(A) and remit the entire appeal back to the Ld. AO for fresh consideration. Needless to mention that the assessee shall be provided with fair opportunity of being heard admitting the additional evidence if any - Appeal of the assessee is treated as allowed for statistical purposes.
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