TMI Blog2014 (5) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... not made any effort to get the issue properly examined and dismissed the appeal of the assessee on the basis of presumption raised u/s 292C – thus, the order is set aside and the matter is remitted back to the AO for fresh adjudication – Decided partly in favour of Assessee. - ITA No. 6617/Mum/2010 - - - Dated:- 13-5-2014 - Sh. D. Manmohan And Rajendra,JJ. For the Petitioner : Shri Jayant R. Bhatt For the Respondent : Smt. Parminder Kaur ORDER Per Rajendra, AM Challenging the order dt. 21. 07. 2010 of the CIT(A)-37, Mumbai, Assessee has raised following Grounds of Appeal: 1. Under the facts and circumstances of the case the Commissioner of Income Tax (Appeals) has erred in confirming the addition made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m in support of the argument where each and every expenditure being subject matter of additions by the AO were explained and thereby the Ld. CIT (A) has violated the principles of natural justice and as such the order passed by the Ld. CIT (A) deserves to be struck off. Relief Claimed: 1. The additions made by the AO and confirmed by the Ld. CIT (A) being bad in law be deleted. 2. The order passed by the Ld. CIT (A) lacks sanctity and being violative of natural justice should be struck off. 3. The appellant craves the right to add, amend, alter, modify and or substitute any r all the grounds of appeal at the time of hearing. 2. Though there are five grounds of appeal, yet the effective ground of appeal is about an addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Against the order of the AO, assessee preferred an appeal before the First Appeal Authority (FAA). After considering the submissions of the assessee and the assessment order he held that the assessee had not denied the recovery of the three floppies, that it had not disputed the authenticity and veracity of the floppies. Referring to the provisions of section 292 C of the Act, he upheld the order of the AO. 2. 2. Before us, Authorised Representative(AR) stated that similar issue had arisen in the case of the other partners of the firm/members of the family, that matter has been restored back to the file of the AO for fresh adjudication. He referred to the matters of Abdul Hasan Khan(ITA/ 6573/ Mum 2010/-AY2003-04, dated12. 09. 2012), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er examination of the record. We further note that the CIT(A) has also not made any effort to get the issue properly examined and dismissed the appeal of the assessee on the basis of presumption raised under Section 292C. Having regard to the facts and circumstances of the case and in the interest of justice, we set aside the matter in the appeal arising from the assessment order passed in pursuance to the revision order under Section 263 in case of Akhtar Hussein Khan to the record of the Assessing Officer to redo the same after considering the relevant material on record as well as the contention of the assessee. Needless to say the assessee be given an opportunity of hearing before passing the fresh order. Following the above referred or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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