TMI Blog2018 (1) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Therefore, in the interest of justice, the issues in dispute are remitted back to the file of the AO to decide the issues in dispute afresh, after giving adequate opportunity of being heard to the assessee - Decided in favour of assessee for statistical purposes. - I.T.A. No.6691/Del/2017 - - - Dated:- 22-1-2018 - Shri H.S. Sidhu, Judicial Member And Shri Prashant Maharishi, Accountant Member For the Assessee : Sh. Hiren Mehta, CA For the Revenue : Sh. Atiq Ahmad, Sr. DR ORDER PER H.S. SIDHU : JM The Assessee has filed this Appeal against the impugned Order of the Ld. CIT(A)-29, New Delhi relevant to assessment year 2012- 13. 2. The grounds raised in the Appeal read as under:- 1. That on the facts and cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... companies on 17.02.2015 establishing the fact of all these entities genuinely existed, which has been overlooked by the A.O. 3.6 AO relied upon the statement of the promoters of the assessee company namely Sh. Ashok Goel Sh. Praveen Gupta without providing a copy of the said statement for rebuttal and cross-examination, which is against the proposition of law laid down by the Delhi High Court in CIT vs. Best Infrastructure (India) Pvt. Ltd. in ITA No. 12/2017 vide order dated 01.08.2017. 3.7 AO has relied upon the inquiries conducted by Investigation Wing on the investing companies without providing any opportunity to the assessee for a rebuttal during the entire assessment proceedings inspite of issuing specific questionnaires date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isputed by both the parties, hence, the same are not repeated here for the sake of brevity. 4. At the time of hearing, Ld. Counsel for the assessee has reiterated the contentions raised in the grounds of appeal and stated that no proper and reasonable opportunity was provided during the course of assessment proceedings and without confronting the material collected behind the back of the assessee. Hence, it was requested that issues in dispute may be set aside to the file of the AO for fresh consideration, after giving adequate opportunity of being heard to the assessee. 5. On the contrary, Ld. DR relied upon the order of the authorities below. 6. We have heard both the parties and perused records, especially the impugned order. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect factual position, we direct the Revenue to produce the assessment record. Learned DR has sought time of 15 days. Accordingly, the hearing is adjourned to 28th December, 2017. Copy of order sheet may be supplied to both the parties. 6.1 On 28.12.2017, Ld. DR has filed an Application dated 28.12.2017 stating therein During the course of previous hearing Hon ble Bench directed to obtain the case record from field formation. Letter were issued to the concerned AO, but assessment record are not received and sought adjournment. Accordingly, the case was adjourned for 18.01.2018. 6.2 Again on 18.1.2018 the Ld. Sr. DR unable to produce the assessment records as asked by the Bench vide its order sheet dated 12.12.2017, as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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