TMI Blog2019 (10) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... opriate to remand back all the issues to the file of the CIT(A) to be decided on merit. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice and the assessee is also directed to co-operate and attend the appellate proceedings, otherwise the CIT(A) is at liberty to decide the appeal on merit after considering the additional evidence filed by the assessee. The appeal of the assessee is partly allowed for statistical purpose. - I.T.A. No. 3744/DEL/2016 (A.Y. 2005-16) - - - Dated:- 26-9-2019 - MS SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Appellant by None Respondent by Sh. Sameer Bhadra, CIT DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the other Director of the company, from the very inception. (b) That Mr. P. K. Tiwari, the other director of the appellant company, was himself suffering from various illnesses and had also been incarcerated during the relevant time. Due to financial crisis, the company had started making defaults in paying installments to various banks and also in fulfilling other financial obligation. Consequently, the banks had filed false frivolous complaints with the Central Bureau of Investigation (C.B.I.). The C.B.I. officials had started making inquiries not only from the directors, but also from the family/staff members etc. The C.B.I. officials had started making visits to the office of the company. Mr. P. K. Tiwari was incar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in their possession and knowledge. But most unfortunately they failed to perform their professional duty, resulting in passing of the impugned order. (e) That the respondent ought to have considered the aforementioned bona fide reasons and extra ordinary circumstances and should have granted further time to the appellant to satisfy the respondent on the aspect that the demand raised by the Ld. A.O. was illegal and unwarranted. The ex-parte order passed by the respondent is unwarranted and has resulted in extreme prejudice to the appellant. (f) That the appellant is entitled for hearing instead of the case being decided unheard. (g) That the failure on part of the appellant in pursuing it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the learned A.O. was bad in law and was based only on presumptions, if a reasonable opportunity is provided to the company. (o) That the grounds provided by the company in the appeal before the CIT(Appeals) which were not considered by it before confirming the impugned order of learned A.O. are provided below. 2. That the assessment order dated 18.03.2013 passed u/s 144 r.w.s. 153A, deserves to be quashed, because natural justice has been denied by the Ld. A.O. to the assessee. 4. That on the facts of the case and under the law, the Ld. A.O. has erred in not taking into consideration the assessee s reply. Vide letter dated 15.03.2013 (filed on 18.03.2013). 5. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dify the ground(s) of appeal, and/or to withdraw the ground(s) of appeal, either prior to or during the course of appellate proceedings. 3. The assessee company belongs to Mahuaa Media Group, in which a Search Seizure operation was conducted on 11.03.2011, including the Assessee, i.e. M/s Pearl Vision Pvt. Ltd. Return of Income in response to Notice issued u/s 153C was filed on 27.02.2013 declaring income at NIL. During the course of Assessment Proceedings, it was found by the Assessing Officer that the assessee company had raised Share Capital amounting to ₹ 1,00,000/-. The Assessing Officer to ascertain genuineness and creditworthiness of the claimed transactions, asked the assessee to file details and document i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as not considered the said rejoinder as well as not given the proper opportunity to the assessee. In fact, the CIT(A) has not considered the additional evidences filed by the assessee before arriving at the findings. Therefore, it will be appropriate to remand back all the issues to the file of the CIT(A) to be decided on merit. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice and the assessee is also directed to co-operate and attend the appellate proceedings, otherwise the CIT(A) is at liberty to decide the appeal on merit after considering the additional evidence filed by the assessee. The appeal of the assessee is partly allowed for statistical purpose. 8. In result ..... X X X X Extracts X X X X X X X X Extracts X X X X
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