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2021 (2) TMI 263 - AT - Income TaxAddition u/s. 68 - genuineness of the credit could not be proved - No proper and sufficient opportunity of being heard - HELD THAT:- We are of the opinion that this case has to be restored to the file of the Assessing Officer as no adequate opportunity was given to the assessee. The Assessing Officer states that the summons was issued u/s. 131 of the Act. There is no record to show that these summons/notices were served. The Assessing Officer concluded, on the basis of surmises and conjectures that, the transactions were not genuine. CIT(A) passed an ex-parte order. But we find that notice of hearing was not served on the assessee. This is violation of principles of natural justice. We find that this bench of the ITAT in all such cases has been restoring the matter to the file of the Assessing Officer for fresh adjudication in accordance with law - Appeal of the assessee is allowed for statistical purposes.
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