TMI Blog2021 (6) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the non-cooperation of the assessee. We hereby remit back the entire matter back to the file of the Ld. AO for de novo consideration. At the same breath, hereby caution the assessee to promptly cooperate before the Ld. Revenue Authorities failing which they shall be at liberty to pass appropriate order in accordance with law and merit based on the materials on record. Appeal of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred in enhancing the income of the appellant without issuing show cause notice for enhancement. 3. Without prejudice, the enhancement made by the CIT(A) w.r.t alleged unexplained deposits of ₹ 36,85,530/- is erroneous and unsustainable in law. 4. The quantification of the brokerage charges at ₹ 9,97,000/- is incorrect and baseless. At any rate the CIT(A) failed to apprecia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he addition to ₹ 34,95,530/-. 4. At the outset, the Ld. AR vehemently argued before us stating that the Ld. CIT(A) has enhanced the income of the assessee without providing a reasonable opportunity of show cause against such enhancement as provided U/s. 251(2) of the Act. The Ld. AR further submitted that the matter may be remitted back to the file of the Ld. AO because the assessee was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te before the Ld. Revenue Authorities failing which they shall be at liberty to pass appropriate order in accordance with law and merit based on the materials on record. 6. In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above. 7. Before parting, it is worthwhile to mention that this order is pronounced after 90 days of hearing the appeal, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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