TMI Blog2010 (4) TMI 1079X X X X Extracts X X X X X X X X Extracts X X X X ..... al by the assessee for the block assessment period from 1997-98 to 2003-04 is directed against the order of the CIT (A)-I, Hyderabad dated 25-8-2008. 2. Brief facts of the case are that the assessee is a partnership firm consisting of five partners and it came into existence with effect from 18-3-1998. It is carrying on business in purchase and sale of gold jewellery and gems. There were search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as filed by the assessee stating that its managing partner was not well due to dental surgery and summons were also issued to the firm and not to the Managing Partner by name requiring to appear on 10-2-2005 and in response to the summons. The assessing officer after elaborately discussing the points at issue treated an amount of ₹ 68,65,389 as undisclosed income of the assessee firm and lev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of the said statute and therefore the failure on this count is in violation of the statutory provisions of law and the assessment so completed is ab initio void. This ground was not taken before the CIT (A) and we find that this ground goes to the root of the matter and hence in the interest of justice, we remit this issue to the file of the CIT (A) for fresh adjudication in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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