TMI Blog2019 (5) TMI 750X X X X Extracts X X X X X X X X Extracts X X X X ..... look into the sources of cash deposits, on the ground that there was no positive direction in this regard by the ITAT, cannot be taken to be a violation of the principles of natural justice. If the refusal of the Assessing Officer is wrong, it is a matter to be canvassed in the regular appeal. We can indicate is that though the Tribunal stated towards the end of para No.5 of its order that the grounds of appeal Nos.2 to 4 are treated as allowed, the discussion was confined only to re-computation of peak credit. Therefore, the allegation of non-compliance with the directions issued by the Income Tax Appellate Tribunal, is not patently made out so as to enable the petitioner to bypass the alternative remedy of appeal. Therefore, we find no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x under Section 68 of the Income Tax Act. 4) The assessee preferred an appeal to the CIT (Appeals), who not only confirmed the additions but also enhanced the addition on account of peak credit. Therefore, the assessee filed a second appeal before the Tribunal in I.T.A.No.502/HYD/2015. 5) By an order dated 11.08.2017, the Tribunal allowed the appeal with respect to peak credit, and remanded the matter back to the Assessing Officer for fresh consideration. The operative portion of the order of the Tribunal, containing the discussion, findings and directions, read as follows: 5. Having regard to the rival contentions and the material on record, we find that the copy of the bank a/c of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He also filed certain documents in confirmation of the same. 7) But by an order dated 28.12.2018, the Assessing Officer refused to go into the source of deposits and confined the discussion only to the computation of peak credit. Eventually he passed an order arriving at the tax payable. It is against the said order the petitioner has come up with the above writ petition. 8) Admittedly the petitioner has an alternative remedy of appeal to the CIT (Appeals) as against the impugned order. But the petitioner has chosen to come up with the above writ petition on the ground of violation of principles of natural justice and also on the ground that the impugned order is not in accordance with the order of remand. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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