TMI Blog2013 (6) TMI 779X X X X Extracts X X X X X X X X Extracts X X X X ..... , total eleven in numbers, pertain to different taxpayers. However, the grievance in respect of these appeals is identical. For the sake of convenience, we hereby treat ITA No.494/Ahd/2013 in the case of Alkaben Tejpal Patwa for A.Y.2008-2009 as the lead case, and the grounds raised therein are reproduced hereinbelow: 1. In confirming the addition made by the Assessing Officer u/s.68 of the Act amounting to ₹ 7,00,000/-. 2. In applying sec.69A of the Act instead of sec.68 applied by the Assessing Officer. It is submitted that no such fresh hearing was given before applying sec.69A of the Act. 3. In not appreciating the facts and/or law that Learned Assessing Officer has not given reasonable opportunity of hearing and the mate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... few DDs were made from Sardar Vallabhai Sahakari Bank Ltd., Unava. However, those drafts were made on 5.9.2007 or 6.9.2007. Those drafts were found to be consecutively numbered. Being unsatisfied with the reply of the assessee, the AO had made an addition of ₹ 7 lakhs respectively in the hands of each person. 3. When the matter was carried before the learned CIT(A), the assessee has furnished submissions. Relevant paras is reproduced below at page no.7 of the CIT(A) s order. 3.1 It is without prejudice to above submitted that addition of ₹ 7,00,000/- has been made without affording reasonable opportunity of being heard. It is submitted that observations made by the AO in para 3.1 of the order are contrary to the facts wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shkumar 306 ITR 27 (Delhi) d) 330 ITR 334 (SC) -Materials to be provided- Principles of natural justice. However, the learned CIT(A) was not convinced and held that in the absence of the addresses and the identities of the persons from whom the loans and advances were received, the AO was justified in adding the impugned amounts. Now the assessee is in further appeal. 5. We have heard both the sides at some length. We have carefully perused the appeal filed by the respective appellants. On one hand, the Revenue department has placed a strong reliance on certain case laws primarily on the issue that in the absence of credit-worthiness, identity and genuineness of the transaction, the provision of section 68 being rightly been invok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accounts, natural justice demands to restore this issue back to the stage of the AO so that the veracity can be proved. Although the learned DR has pleaded that even the opening balance can be added in the hands of the assessee by placing reliance on the decision of Manjit Singh Kalra Vs. ITO, ITA No.3553/Del/2011 dated 26.10.2012, and a decision of Hon ble Madras High Court in the case of C. Packirisamy Vs. ACIT, 315 ITR 293, but the natural justice demands that a clear finding should first be on facts that whether there was return of loan in respect of impugned entries. For that purpose, the assessee is duty bound to discharge the primary onus as prescribed under law. While restoring back this issue to the stage of the assessment, we he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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