TMI Blog2015 (6) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... ons on the issue of purchase and sales and without any conclusion on other two issues and therefore, orders of the authorities below suffers ambiguity, perversity and the same are not a sustainable. Under above noted facts and circumstances, we find a just and proper to restore the assessment to the file of Assessing Officer for framing a fresh assessment, after affording few opportunity of hearing for assessee and without being prejudiced from the earlier assessment order and impugned order. - Decided in favour of revenue for statistical purposes - ITA NO. 1164/DEL/2013 - - - Dated:- 17-4-2015 - Shri N.K.Saini And Shri C.M.Garg JJ. For the Appellant : Ms. Y.Kakkar, DR For the Respondent : Mr. Sanjeev Sapra, Adv. ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act that the assessee actually received these amounts and if the same are not business receipts then otherwise as a revenue receipts the amount received from sale is an income in the hands of assessee. The assessing officer finalise the assessment at total income of ₹ 5,43,654/- as against the return income of the assessee. 4. Being aggrieved by the above assessment order the assessee preferred an appeal before CIT(A) which was partly allowed on the ground of purchase, software development and support expenses and stationary printing expenses. Now, the aggrieved revenue is before this tribunal with the sole ground as reproduced hereinabove. 5. The Ld. Departmental Representative (DR) placing reliance on the decision of Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d without rejecting the same by following the procedure as stipulated u/s 145(3) of the Act. 7. Replying to the above contentions, the Ld. DR also placed the rejoinder and submitted that the CIT(A) has simply noted that the AO has not pointed out any defects in the audited books of accounts of the assessee which were produced before him and has also not pointed out any defect in the purchase and sale vouchers produced by the assessee before him but the CIT(A) has not commented on the merits of the explanation and documentary evidence filed by the assessee in support of his claim. The Ld. DR also pointed out that the CIT(A) has deleted all three additions by recording his file conclusion in para no. 5 of the impugned order but para no. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her, loss from exchange Rate fluctuation is not revenue expenditure in the case of the assessee and hence not allowable. The income from sale is held as Income From Other Sources , as there us bi denying the fact that the assessee actually received these amounts, if not as business receipt than other-wise, but as a revenue-receipt, i.e. income. 9. We, further, not that the CIT(A) grantly for the assessee by deleting additions from all three issues which following observations and conclusions ; I have carefully considered the submissions of the ld. AR and perused the assessment order passed by the AO. I find that the AO has based his conclusion on the fact that parties in question namely Surya Traders and Chand Trading Company hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer also noted that another major head of expenditure i.e. Printing Stationary also remains unestablished. At this point, we observe that the assessee has filed a paper book spread over 61 pages where in accept item no. 1, 10, 11, 14 and 17 other 11 documents were very well before the AO but there is no consideration and deliberations thereon in the assessment order. In this situation, we are inclined to hold that the Assessing Officer made additions without giving any findings on the explanation, details and documents filed by the assessee and without pointing out any defects in the purchase, sales and other related vouchers and in the audited books of accounts of the assessee which were produced before AO during assessment proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the assessee and without rejecting audited books of accounts of the assessee. At the same time, we also note that the CIT(A) granted relief for the assessee by passing a slip short and cryptic order by making only short deliberations on the issue of purchase and sales and without any conclusion on other two issues and therefore, orders of the authorities below suffers ambiguity, perversity and the same are not a sustainable. Under above noted facts and circumstances, we find a just and proper to restore the assessment to the file of Assessing Officer for framing a fresh assessment, after affording few opportunity of hearing for assessee and without being prejudiced from the earlier assessment order and impugned order. Accordingly, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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