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TMI Blog2021 (2) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... passing ex-parte order without providing proper opportunity of being heard to the appellant is highly unjustified and wrong in the facts and circumstances of the case. 2- That in any view of the matter the appeal was filed before the Commissioner of Income Tax (Appeal) well within time alongwith required documents with the intention to contest the matter but no chance was provided to the appellant to explain his case. In such situation the ex-parte decision so passed by the Commissioner of Income Tax (Appeal) is illegal, unjustified and against the principle of natural justice. 3- That in any view of the matter addition of Rs. 10 Lacs made by the assessing officer by alleging unexplained investment and his action as confirmed by the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment proceedings. Further, the ld. CIT(A) has also confirmed the said addition made by the Assessing Officer without considering the fact that the investment is made from the bank account of the asses see and the source of fund is maturity amount of fixed deposit. He has pointed out that the bank account of the assessee discloses the source as the maturity amount of all FDRs. The FDRs were made out of the share of assessee in the partition of the family business and other properties under the family settlement. This fact was explained before the Assessing Officer in the reply dated 12.5.2014 however, the Assessing Officer has not considered this explanation, which was supported by the copy of the bank account statement of the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as received back with the postal remark that the addressee has shifted to Delhi and not residing at Mirzapur. Therefore, these facts were in the knowledge of the Assessing Officer that the assessee has shifted to Delhi. Since the assessment order was passed ex parte and the Ld. CIT(A) has also not verified the relevant record therefore, in the interest of justice, the matter is set aside to the record of the Assessing Officer for proper verification of the evidences, bank statement of the assessee as well as the other evidences to be filed by the assessee along with the explanation of the source of investment in the mutual fund. Needless to say, fresh order should be passed after giving appropriate opportunity of hearing to the assessee. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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