9911796707
TMI Blog2016 (4) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The Petitioner (hereafter 'Assessee') is a partnership firm having three partners and is engaged in the business of manufacture and supply of electrical equipments. It has its office at Seelampur, Delhi. The Assessee filed a return of income for the Assessment Year ('AY') 2009-10 declaring a total income of Rs. 1,83,470/-. The return was picked up for scrutiny and by an assessment order dated 29th December 2011 issued under Section 143(3) of the Act, the following four major additions were made by the Assessing Officer ('AO') to the income of the Assessee: (i) addition of Rs. 37,75,000/- pertaining to the partners' capital introduced by the partners; (ii) addition of Rs. 14,45,000/- on account of the cash deposits made on 3rd S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e AO, which was submitted by him vide letter dated 14th May, 2013 available on record." A copy of the said remand report has, however, not been enclosed with the counter affidavit. Ms. Rashmi Chopra, learned counsel for the Assessee, referred to para 12 of the rejoinder where with reference to para 19 of the counter affidavit, it is stated that "contents of the remand report, if any, were not brought to the notice of the Petitioner. No opportunity to file any rejoinder to the remand report of the Respondent No.2 was given to the Petitioner." 8. That the remand report was not made available to the Assessee has not been denied by the Respondents. However, it is contended by Mr Dileep Shivpuri, learned Senior standing counsel for the Revenue, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nse to the letter under Section 133(6) of the Income Tax Act, Shri Devi Prasad, CA of M/s Enkay Electricals informed on 29th December, 2011on mobile that M/s Enkay Electricals, has not made any cash transaction with M/s Global India Electricals, during the financial year 2008-09." 12. The case of the Assessee, on the other hand, is that it produced before the AO a confirmation issued by M/s Enkay Electricals by a letter dated 19th December 201. The said letter has not been referred to by the AO. Further, the details of the conversation on the mobile phone that the AO had with the CA of M/s Enkay Electricals were not provided to the Assessee. 13. In dealing with the above objection of the Assessee, the CIT in the impugned order proceeds on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the present proceedings essentially concerned with the procedure adopted by the CXIT-XII in examining the revision petition of the Assessee which, according to the Court, was not satisfactory. 16. For the aforementioned reasons, the Court set asides the impugned order dated 7th March, 2014 passed by the CIT-XII and restores the Petitioner Assessee's revision petition to the file of the CIT-XII for a fresh hearing uninfluenced by the previous decision of the CIT-XII or by any of the observations in the present order. The CIT-XII will provide the Assessee with a copy of the AO's remand report and also permit the Assessee to produce the parties who have issued confirmation letters in its favour. The CIT will endeavour to dispose of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
