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2018 (9) TMI 467

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..... LE, JM For The Assessee : None For The Revenue : Shri Subhendu Dutta, DR ORDER Per Shri Pavan Kumar Gadale, JM : This is an appeal filed by the assessee against the order of the CIT(A)-2, Bhubaneswar, dated 25. 08. 2017 in I. T. Appeal No. 0119/2016-17 for the assessment year 2014-2015. 2. None appeared on behalf of the assessee when the case was called for hearing, neither any adjournment petition has been filed by the assessee, therefore, the bench decided to dispose off after considering the facts of the case and submissions of ld. DR. 3. The assessee has raised the following grounds of appeal :- 1 . For that the Learned CIT (Appeal) has failed both in law on facts adjudicate the second and .....

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..... by the order of AO, the assessee filed an appeal before CIT(A). In the appellate proceedings the CIT(A) after considering the submissions of assessee and findings of the AO, partly allowed the appeal of the assessee. 6. Aggrieved by the order of CT(A), the assessee has filed the present appeal before the Tribunal. 7. None appeared on behalf of the assessee, whereas ld. DR relied on the order of AO. 8. We have heard the submissions of ld DR and perused the material on record. Prima facie, on perusal of the grounds of appeal we found that the assessee has raised a ground that the CIT(A) has not adjudicated the issue of disallowance of EPF employee s share contribution raised before him. On perusal of the assessment order page No. 2 .....

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..... pra). This ground of appeal of assessee is allowed for statistical purposes. 10. In ground No. 2, the grievance of the assessee is that the CIT(A) erred in sustaining the addition of ₹ 8, 81, 000/- u/s. 68 of the Act. 11. The AO observed that the assessee has introduced capital by way of cash of ₹ 9, 53, 984/- in M/s Sajitha Bakery. The AO required the assessee to furnish the source of the capital introduction by him. In reply the assessee submitted that an amount of ₹ 3, 00, 000/- was received from his father Mr. P. P. Govindan on 10. 08. 2013 by cash. Further, an amount of ₹ 5, 81, 000/- was received from Mr. Sasi T. by cash towards refund of unsecured loan on different dates. The AO was not satisfied with th .....

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..... addition was confirmed for want of evidence. We considering the facts and circumstances of the case, are of the substantive opinion that the assessee has submitted the information which was not to the satisfaction of CIT(A). Therefore, in the interest of substantial justice, we provide one more opportunity to the assessee to substantiate its claim properly along with documentary evidence before the CIT(A) and cooperate in early disposal of the appeal and the CIT(A) has to consider the evidence and pass a speaking order. Accordingly, this ground of appeal is allowed for statistical purposes. 15. Ground Nos. 3 4 are general nature, hence, do not require any adjudication. 16. In the result, appeal of the assessee is allowed for statis .....

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