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TMI Blog2017 (2) TMI 1004X X X X Extracts X X X X X X X X Extracts X X X X ..... ive assessees. 2. Brief facts leading to the above appeals are that there was a search and seizure operation conducted u/s 132 of the I.T. Act in the premises of M/s. AMR Constructions Ltd on 16.12.2008 and the cases of all the assessees herein were covered. Consequent thereto, the notices for the assessments u/s 143(3) were given, but since the assessees did not file the required details, the AO completed the assessments u/s 143(3) r.w.s. 144 of the I.T. Act by making certain disallowances and consequent additions. Aggrieved by the ex-parte assessments, the respective assessees filed appeals before the CIT (A), along with certain information.. Taking the same into consideration, the CIT (A) has partly allowed the appeals. Against the reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any basis. 5. On the cross objections, the learned Counsel for the assessee submitted that initially the notice u/s 153A had been issued and the Income Tax Returns have been filed by the respective assessees before the AO i.e. DCIT, Central Circle-7, Hyderabad who had the original notified jurisdiction over the assessees. But later on, the jurisdiction had been transferred to ACIT, Central Circle-3, Hyderabad, and notice dated 9.12.2010 was issued directing the assessees to appear for the assessment proceedings on 13.12.2010 which was received by the assessee on the scheduled date and therefore, the assessee who was residing in Vijayawada could not attend before the new AO. It is submitted that the AO without giving the assessees' suffici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO to complete the assessments de novo in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing. We direct the AO to give weightage to the passage of time between the dates of transactions and the de novo assessments as directed by the Tribunal due to which the assessee may not be in a position to produce the relevant parties before AO, if so directed by him. The AO shall, therefore, consider the material filed before the CIT (A) to consider the assessee's contention. In view of the same, the appeals of the Revenue in the case of all the assessees are set aside and are treated as allowed for statistical purposes. The Cross Objections are dismissed. 8 In the result, Revenue's appeals and cro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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