TMI Blog2014 (7) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to provide the copies of all information on which basis, the AO wanted to made additions in the hands of the assessee and the matter is remitted back to the AO for fresh adjudication – Decided in favour of Assessee. - I.T.A. No. 538/Mum/2012 - - - Dated:- 1-5-2013 - Shri R. K. Gupta, JM And Shri P. M. Jagtap, AM,JJ. For the Appellant : Shri Vijay Mehta Dharmesh Shah For the Respondent : Shri. P. Deniel ORDER Per R. K. Gupta, J.M. This is an appeal filed by the assessee against the order of Ld. CIT(A) relating to assessment year 1992-93. 2. Following grounds of appeal have been taken by the assessee in his appeal: 1. The learned Commissioner of Income-Tax (Appeal) has erred in law and in facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the information collected from various companies allegedly showing the shareholding the appellant without appreciating that the copied of the said letters/information was neither provided to the appellant during assessment proceedings nor during remand proceedings. 7. The Learned Commissioner of Income-tax(Appeal) has erred in law and in facts in confirming the value of the unexplained investment based on the average of the market rates as on 1.4.1991 and 31.3.1991 without appreciating that the value of investments ought to have been determined at the cost of acquisition based on the dates o purchase. 8. The Learned Commissioner of Income-tax (Appeals) has erred in law and in facts in confirming the addition of ₹ 1,62,327/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecific defects. It was further submitted that the Assessing Officer obtained various information from various sources and without supplying the copies of those materials have made addition in the hands of the assessee. It was further submitted that this is second round of appeal before tribunal as on earlier occasion the assessment was completed on a huge amount without affording opportunity to the assessee and without confronting material on which basis the additions were made. Ld.CIT(A) deleted various additions in first ground. On second appeal before tribunal, the tribunal set aside the order of ld.CIT(A) and remanded the matter back to the file of the Assessing Officer to pass a fresh order, after affording reasonable opportunity of be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the file of the ld.CIT(A) and not to the file of the AO. Ld.AR objected the contention of ld.DR that the copies of material would not be supplied to the assessee because natural justice will be defected. 4. We have heard rival submissions and consider them carefully. We have also perused the copies of the order of the tribunal in case of Smt. Pratima Mehta and the assessee passed in first round. 5. After considering all the relevant material, we found that the matter should go back to the file of the Assessing Officer to pass a fresh order. It is seen that for rejecting the books of account, the AO has not given any valid reasons as no specific defect has been pointed out in the books of account, therefore in our view the Assessing O ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
