TMI Blog2017 (8) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... r hearing learned counsel for the parties, the appeal is allowed and the order passed by the Tribunal is set aside. The matter is remanded to the Tribunal to adjudicate the issue on merits after affording an opportunity of hearing to the parties in accordance with law. - CM-22095-CII-2016 and ITA-28-2013 (O&M) - - - Dated:- 10-7-2017 - MR. AJAY KUMAR MITTAL AND MR. JUSTICE AMIT RAWAL, JJ. For The Appellant : Mr. Yogesh Putney, Senior Standing Counsel For The Respondent : Mr. Rajiv Sharma, Advocate ORDER AJAY KUMAR MITTAL, J. 1. This is an application for recalling the order dated 8.2.2016 passed by this Court and for revival of the appeal. 2. On 8.2.2016, learned counsel for the appellant submitted that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11, for the assessment year 2008-09, claiming the following substantial questions of law:- (i) Whether under the facts and circumstances of the case, the Ld. ITAT was right in law in directing the Assessing Officer to apply net profit rate @ 6%, whereas complete bills and vouchers have not been maintained by the respondent-assessee? (ii) Whether under the facts and circumstances of the case, the Tribunal order is sustainable for determination of income by distinguishing the nature of work contract i.e. Building contract or Road contract in view of judgment of jurisdictional High Court in the case of Prabhat Kumar, Sirsa v. CIT (293 of 2008)? 3. Put shortly, the facts necessary for disposal of the present appeal as mentioned therein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to the Tribunal for a fresh decision on merits after scrutiny of all material placed before it by the assessee in accordance with law. It had also been noticed therein that such observation would not preclude the Revenue from moving any application for revival of the present appeal since the liberty for the same was granted by this Court while permitting the appeal to be withdrawn. 7. In view of the above, after hearing learned counsel for the parties, the appeal is allowed and the order dated 24.9.2012 (Annexure A-3) passed by the Tribunal is set aside. The matter is remanded to the Tribunal to adjudicate the issue on merits after affording an opportunity of hearing to the parties in accordance with law. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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