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2018 (10) TMI 718

scheduled by the Assessing Officer, however, there has been no compliance on the part of the assessee and the Assessing Officer has proceeded and passed the order u/s 144 of the Act. - Assessing Officer has not objected to the admission to the additional evidences and has in fact gone ahead and examined those additional evidences and found the transaction undertaken by the assessee verifiable. In such circumstances whether the Revenue has not objected to the admission of the additional evidences, it would have been better had ld. CIT(A) given his finding on merit rather than rejecting the additional evidences on technicality. - Matter remanded back to CIT(A) - ITA. No. 751/JP/2017 - 13-8-2018 - Shri Vijay Pal Rao, JM And Shri Vikra .....

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the ld. CIT(A) is totally contrary to the provisions of law and facts on the record and henc ehte same kindly be deleted in full. 5. ₹ 45,95,380/-: The ld. CIT(A) erred in law as well as on the facts of the case in confirming the addition of ₹ 45,95,380/- [30% of ₹ 1,53,17,932/-] on account of unsecured loans made by the AO. The addition so made and confirmed by the ld. CIT(A) is totally contrary to the provisions of law and facts on the record and hence the same kindly be deleted in full. 6. ₹ 11,02,693/-: The ld. CIT(A) erred in law as well as on the facts of the case in confirming the disallowance of the following expenses. S. No. Head of Expenses Exp. Claimed Disallowed by AO (30%) Confirmed by the ld. CIT(A) 6. .....

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e, does not require any separate adjudication. Hence the same is dismissed. 3. In Ground No. 2, the assessee has challenged the framing of assessment u/s 144 without affording adequate and reasonable opportunity to the assessee. We have gone through the records and find that notice u/s 143(2) was issued on 31.08.2015. Thereafter, notice u/s 142(1) was issued on 27.06.2016 asking the assessee to furnish required information and documentation. Thereafter, there have been number of occasions wherein the hearing have been scheduled by the Assessing Officer, however, there has been no compliance on the part of the assessee and the Assessing Officer has proceeded and passed the order u/s 144 of the Act. In light of the same, we do not see any inf .....

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amined on test check basis. The case was discussed with them. The para wise remand report is as under:- 1. Assessment completed u/s 144 of the I.T. Act: On perusal of record, it was found that enough opportunity of being heard were provided to the assessee, but the assessee neither appeared nor furnished any reply during the period of 5 months of proceeding, which shows that the assessee was not in a position to have anything to produce or say. All notices/letters were issued to the assessee through speed post and served mostly on very next day of the notice. Therefore, AO has not option than to make the assessment of income of the assessee to the best of his judgment u/s 144 of the Income-tax Act, 1961. 2. Addition on account of cash depos .....

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AY 2014-15, assessee firm has set off of o/F losses amounting to ₹ 1,81,760/- which is not allowable. It may be allowed to the extent of ₹ 51,724/- only. 7. On perusal of the remand report, it is observed that the Assessing Officer has not given any adverse comments regarding admission of the additional evidences produced by the assessee. In fact, the same were examined by the Assessing Officer during the course of remand proceedings and the cash deposit in the assessee s back account were held verifiable. Similarly, unsecured loan were held verifiable. Regarding disallowance of expenses which were originally made 30%, the Assessing Officer in the remand report has suggested disallowance of 20% of the said expenses. However, we .....

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