TMI Blog2021 (5) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... th law. Needless to mention that the assessee shall be given a fair opportunity of hearing. Assessee s appeal is treated as allowed for statistical purposes. - ITA No. 1882/Hyd/2019 - - - Dated:- 27-5-2021 - Smt. P. Madhavi Devi, Judicial Member Assessee by : Sri Siddharth Mantri Revenue by : Smt. Kanika Agarwal,DR ORDER This is assessee s appeal for the A.Y 2011-12 against the order of the CIT (A)-3, Hyderabad, dated 20.11.2019. 2. Brief facts of the case are that the assessee HUF had filed his return of income for the A.Y 2011-12 on 30.12.2011 declaring an income of ₹ 5,40,992/- comprising of income from other sources ₹ 4,14,992 and income from house property ₹ 1,26,000/- and claimed Chapter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent u/s 69B or u/s 69 is wholly unsustainable in law and on facts. 2. The CIT (A) failed to note that the source of investment of ₹ 12,98.500/- were properly explained and the same was acknowledged by the A.O in the order, therefore the CIT(A) ought to have held that there was no unexplained investment as provided u/ s 69B or u/ s 69 and therefore erred in confirming the addition of ₹ 12,98,500/-. 3. The CIT (A) failed to note that the addition was made in pursuance to reopening of the case u/ s 148, hence it was mandatory on part of A.O to provide reasons for reopening the case, which he failed and therefore the CIT (A) ought to have held that the assessment u/ s 147 without providing the reasons for reopening and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a typographical error on the part of A.O and the same should be u/ s 69, as no such confirmation of A.O is there on record. 8. The Order of CIT (A) is against the principles of natural justice as no opportunity of hearing was given. 9. Any other ground or grounds that may be urged at the time of hearing . 4. The learned Counsel for the assessee reiterated the submissions made before the lower authorities while the learned DR supported the orders of the authorities below. 5. Having regard to the rival contentions and the material on record, I find that similar issue had arisen in the case of Shri Narender Kumar Gupta (HUF) in ITA No.1084/Hyd/2019 vide orders dated 22.04.2021 wherein the Tribunal has held as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see. In this case, it is clear that the Assessing Officer has not followed the due procedure as mandated by the decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd (cited Supra). 6. In view of the same, I deem it fit and proper to remand the issue to the file of the Assessing Officer with a direction to supply the reasons for reopening of the assessment to the assessee and only after disposal of the objections, if any, raised by the assessee, the Assessing Officer shall proceed to recompute the income of the assessee in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing. 7. In the result, assessee s appeal is treated as allowed for statistical ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
