TMI Blog2014 (1) TMI 1531X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the order dated 25.02.2013 of CIT(A)-XXII, New Delhi pertaining to 2001-02 assessment year on the following grounds:- 1. "That CIT Appeals XXII New Delhi has erred and acted arbitrarily in confirming the disallowance of loan credit of Rs.200000.00 received from Smt. Seema Gupta who is also an existing assessee and had shown this amount in his statement of affairs filed along with her return of income filed by her. 2. The learned C.I.T appeal failed to appreciate the written submissions/arguments and copies of documents filed by the appellant. 3. That the learned C.I.T has not followed the principle of natural justice while deciding the appeal. 4. The learned C.I.T. appeal has wrongly applied the provisions of Section 68 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be the accounts kept by Smt. Seema Gupta. It is stated that Smt. Seema Gupta was assessed by the same AO in the same ward. The facts claimed by the appellant could be verified by the AO by looking at her assessment records. However, this has not been done. The appellant's counsel has referred to two court decisions in order to assert that the appellant had discharged the onus to prove the identity and creditworthiness of the creditor and the genuineness of the transaction. The AO had brought no evidence on record to prove the appellant wrong. I have gone through the facts of the case. Smt. Seema Gupta has deposited a large number of cash amounts between 10.4.2000 to 1.12.2000 in order to build up a balance of Rs.2,02,000 in her bank accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts of the case, I hold that conclusion arrived by the learned CIT(Appeals) is untenable. The matter is required to be restored to the file of the learned CIT(Appeals) with a direction to consider material referred to above and then re-decide the issue in accordance with law." 3. Pursuant to the above direction, the impugned order has been passed. A perusal of the same shows that to the notices sent no compliance was made by the assessee. The CIT(A) records these facts in paras 7, 8 9 and concludes that the assessee is not interested in prosecuting the appeal and the appeal can be dismissed at the outset. However thereafter he on considering the facts available on record confirmed the action of the AO. In the light of these peculi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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