TMI Blog2021 (5) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee are allowed for statistical purposes. - ITA No. 7307/Mum/2019 - - - Dated:- 13-5-2021 - C.N. Prasad, Member (J) and M. Balaganesh, Member (A) For the Appellant : Vimal Punmiya For the Respondents : Brajendra Kumar ORDER C.N. Prasad, Member (J) This appeal in ITA No. 7307/Mum/2019 for A.Y. 2010-11 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-16, Mumbai in appeal No. CIT(A)-16/11443/ITO-9(1)(1)/2015-16 dated 30/09/2019 (ld. CIT(A) in short) against the order of assessment passed u/s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/12/2015 by the ld. Income Tax Officer - 9(1)(1), Mumbai (hereinafter referred to as ld. AO). 2. The only issue to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment u/s. 143(3) of the Act. This assessment was subject matter of challenge by the assessee before the ld. CIT(A) and thereafter, to this Tribunal. We find that this Tribunal vide its order in ITA No. 2578/Mum/2017 dated 25/10/2017 for A.Y. 2010-11 in the first appellate proceedings had acknowledged the receipt of various documents furnished by the assessee including the confirmation of loan from the creditors and had remanded the matter to the file of the ld. AO for verification and decide the issue in accordance with law. 3.2. The original assessment was sought to be reopened by the ld. AO by issuance of notice u/s. 148 of the Act on 26/03/2015. In the reassessment proceedings, the ld. AO proceeded to treat the receipt of unsecured lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which had been summarily brushed aside by the lower authorities in the reassessment proceedings and also respectfully following the decision of this Tribunal in assessee's own case in the first round of appellate proceedings referred to supra, we deem it fit and appropriate in the interest of justice and fair play, to remand this appeal to the file of the ld. AO for fresh adjudication in accordance with law. Needless to mention that assessee be given reasonable opportunity of being heard. The ld. AO is directed to examine all the documentary evidences furnished by the assessee. Assessee is also given liberty to furnish fresh evidences, if any, in support of its contentions. Accordingly, the grounds of the assessee are allowed for stati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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