TMI Blog2017 (7) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... port was received till the date of passing of order and allowed the appeal of the assessee on this issue. We find that in the circumstances of the case, the matter requires to be remanded to the Assessing Officer for deciding it afresh after considering the additional evidence produced by the assessee. - ITA No. 173 of 2015 (O&M) - - - Dated:- 19-7-2017 - MR. AJAY KUMAR MITTAL AND MR. AMIT RAWAL, JJ. For The Appellant : Ms. Urvashi Dhugga, Senior Standing Counsel For The Respondent : Mr. Pankaj Jain, Senior Advocate with Mr. Divya Suri, Advocate ORDER Ajay Kumar Mittal,J. 1. The appellant-revenue has filed the instant appeal under Section 260A of the Income Tax Act, 1961 (in short, the Act ) against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessee sought a number of adjournments, praying that the assessment be kept pending till the disposal of appeal in earlier assessment years by the Tribunal. As the assessee requested for adjournments on one pretext or the other, the Assessing Officer was compelled to finalize the case and assessment was made under Section 144 of the Act. In the order under Section 144 dated 27.12.2012 income before deduction under Section 10B of the Act was determined at ₹ 1,10,44,407/-. Additions of ₹ 6,98,603/- on account of foreign exchange fluctuation, ₹ 6,90,000/- on account of capital loss being shares written off, ₹ 6,12,380/- on account of disallowance of travelling and local conveyance expenses considering the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of CIT(A) by the Assessing Officer. Against the order passed by the CIT(A), the department filed an appeal before the Tribunal. Vide order dated 18.11.2014, Annexure A.5, the Tribunal dismissed the appeal of the revenue and confirmed the order passed by the CIT(A). Hence the instant appeal by the appellant-revenue. 3. We have heard learned counsel for the parties. 4. Admittedly, the assessment in the present case for the assessment year 2010-11, was made ex-parte under Section 144 of the Act as the assessee did not submit the requisite information despite being given various opportunities to do so. During the assessment proceedings, the Assessing Officer had disallowed the exemption claimed by the assessee under Section 10B of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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