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2021 (3) TMI 876 - ITAT PANAJIJurisdiction of ACIT at principal place of business of assessee - Transfer of case u/s 127 - Addition u/s 68 - unsecured loans - main contention of the ld. AR is that all the necessary evidences regarding the assessment are in the Administrative Office situated at Margao, Goa and no details were available in the Mumbai registered office and that is why the assessee could not file any details before the AO at Mumbai - HELD THAT:- Assessee filed its return of income on-line giving jurisdiction to ACIT, Circle-1, Margao, Goa and received first notice u/s. 142(1) of the Act at registered office situated at in Mumbai. Immediately, the assessee made petition to the concerned AO to transfer the file to the ACIT, Circle-1, Margao, Goa as the principal place of business falls within the jurisdiction of ACIT, Cirlce-1, Margao, Goa but however the AO rejected the same. The assessee filed evidences in the form of confirmations loans, copy of Income Tax returns of two Directors by way of paper book before us and on examination of the same, we note that the said evidences are crucial and necessary to decide the issue involved in the present appeal and also goes to the root of assessee as rightly contended by the ld. AR. In this regard an affidavit of General Manager of assessee filed before us stating the loan confirmations of two Directors Shri Mahendra Singh Gujaral and Miss Anjali Pathak received initially and were not in prescribed format and did not contain requisite details. The said details could not be filed before the CIT(A) in time as it were not in proper format - as stated the error/lapse in non-submissions of the confirmation loans in time before the CIT(A) is unintentional and is due to genuine reason of receiving the same late. We find that the addition made on account of other loans requires verification of details but however no details were filed before the AO and CIT(A) as it is evident from the assessment order as well as impugned order. We note that the details filed before this Tribunal by way of paper book are necessary for the fair adjudication of the issue involved and in the interest of justice taking into consideration the facts and circumstances of the case as rightly conceded by the ld. DR, we deem it proper to remand the matter to the file of CIT(A) for its fresh adjudication. Appeal of assessee is allowed for statistical purpose.
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