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TMI Blog2016 (7) TMI 1570X X X X Extracts X X X X X X X X Extracts X X X X ..... vity. 2. The assessee has raised similar grounds of appeal in all the three appeals. However, at the very outset of the hearing of the arguments, the ld. AR submitted that the issues involved in all these three appeals stand covered vide order of this Tribunal in the case of assessee's sons Shri Anish Kumar Gupta and Shri Ashish Kumar Gupta in ITA Nos. 120 & 121/Del/2013 for A.Ys 2007-08 and 2008-09, a copy of which has been furnished on record. The ld. AR further submitted that neither the ld. CIT(A) nor the AO was justified in coming to a haste and arbitrary conclusion without appreciating the facts and circumstances of the case and without verifying the confirmations of the assessee of the assessee placed on record. The ld. AR contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neither a loan to the assessee nor a gift. He has not kept this amount in his pocket. If the Assessing Officer has any doubt that these expenses are not genuine expenditure then they are to be examined in the hands of the payer. It is to be seen in the case of Reliance Industries as to for what purpose these expenses have been incurred and if they are not for business purposes then they can be disallowed in the hands of Reliance Industries. The other angle could be that if Reliance Industries denies that these expenditures do not pertain to it then its genuineness could be examined in the hands of the assessee. In that case, if it is proved that these are not business expenditure, assessee has received this money and kept in his pocket, onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer, assessee had shown advance of Rs. 114,76,588 while he has furnished the details by way of cash received from the agriculturalist at Rs. 113,23,100. The Assessing Officer has made the addition of this amount under sec. 68 of the Act. He treated the balance amount i.e. difference between these two at Rs. 1,53,488 as unexplained on the ground that assessee has neither given the details nor confirmation. Since, we have already set aside the main issue whereby unexplained cash credits have been added, we deem it appropriate to set aside this issue also to the file of the Assessing Officer. Learned Assessing Officer shall readjudicate this issue also." 4. From the order of the Tribunal dated 09.1.2014 [supra, we also observe that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ective basis with regard to the receipts from M/s. Reliance Industries. Learned Assessing Officer further made an addition of Rs. 7,99,012 which is challenged by the assessee in ground No.3. This amount represents TDS credit claimed by the assessee at Rs. 6,19,012 plus Rs. 1,80,000 i.e. consultancy fee of 12 months. Learned Assessing Officer has made an addition of Rs. 247,78,097 on protective basis which is an amount worked out by debiting the total receipts paid by the Reliance Industries at Rs. 255,77,109 minus Rs. 7,99,012. 17. In assessment year 2009-10, Assessing Officer has again made an addition of Rs. 46,08,774. The assessee had received a sum of Rs. 49,00,004 from Reliance Industries and out of this amount, a sum of Rs. 45,03,10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submission that he has no objection if the appeal is restored to the file of the AO for and verification of the confirmations filed by the assessee. 6. We have heard the arguments of both the sides and carefully perused the relevant material placed on record before us. We find from the order of the ld. CIT(A) that the issues under consideration have not been decided by the AO in a proper manner and facts have not been appreciated in a judicious manner. We find that the confirmations have not been verified by the lower authorities. We further find that the ld. CIT(A) has passed the order without providing the assessee due opportunity of being heard. On the basis of foregoing discussion and careful perusal of the operative part of the ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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