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2020 (5) TMI 399

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..... n any reference of remand report which he should have been taken from the Ld. A.O before deciding the issues. Interest of justice and fair play all the issues raised by the revenue in this appeal needs to be set aside to the file of Ld. A.O for afresh examination and passing denovo assessment order. Reasonable opportunity of being heard is to be provided to the assessee but in case the assessee do not appear in person or through Authorized Representative in the second round on first three dates of hearing except for unavoidable circumstances, A.O will be at liberty to go ahead and frame the assessment after assessing the income as per the provisions of Income Tax Act. appeal of the revenue is allowed for statistical purposes. - ITA .....

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..... essee is an individual engaged in the business of Real Estate Developers. Return of income for Assessment Year 2013-14 was filed on 30.9.2013 declaring income of ₹ 22,34,540/-. The case was selected for scrutiny and assessment was completed on 23.03.2016 u/s 144 of the I.T. Act assessing total income at ₹ 2,58,23,250/- by making various additions. Aggrieved assessee preferred appeal before Ld. CIT(A) and partly succeed. 5. Now the Revenue assessee is in appeal before the Tribunal against the deletion of addition for cash deposited in bank for ₹ 1,17,32,400/ and ₹ 1,07,00,000/- as per CIB transaction and also deleting brokerage of ₹ 8,46,193/-. 6. When the case was called none appeared on behalf of the a .....

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..... te order making various additions. After conducting assessment proceedings and to arrive at the correct income of the assessee in the cases selected for scrutiny, the assessee is duty bound to furnish all the information and details to the satisfaction of the Ld. A.O who is the first authority to examine the details and assess correct income. 9. The assessee has not appeared before Ld. A.O but subsequently he appeared before Ld. CIT(A) who also in the instant case has not given any reference of remand report which he should have been taken from the Ld. A.O before deciding the issues. 10. In the given facts and circumstances of the case we are of the view that in the interest of justice and fair play all the issues raised by the revenu .....

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