TMI Blog2022 (4) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the appellate proceedings. Though the ld. CIT(A) has given as many opportunities, the assessee has not appeared or produced any material to substantiate its claim. However, the ld. CIT(A) has not discussed the merits of the case. Hence to meet the ends of natural justice, we are of the opinion that the assessee shall be afforded an opportunity of being heard to substantiate its case before the ld. CIT(A). Accordingly, we set aside the orders - Appeals filed by the assessee are allowed for statistical purposes. - I.T.A. Nos.403 And 404/Chny/2020 - - - Dated:- 12-4-2022 - Shri V. Durga Rao, Judicial Member And Shri G. Manjunatha, Accountant Member For the Appellant : Shri T.S. Lakshmi Venkataraman, CA For the Respondent : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e difference between the total sales receipts and the credits in the bank statement. Since the assessee could explain the excess credit convincingly, The Assessing Officer treated the excess credit of ₹.69,72,900/- as unexplained credits under section 68 of the Act and brought to tax. Further, since the assessee has shown unsecured loan amounting to ₹.32,03,000/- in the Schedule E of the balance sheet and not furnished any details of name, address, income tax particulars, mode of payment, etc. the same was treated as unexplained investment under section 69 of the Act and brought to tax. On appeal, the ld. CIT(A) dismissed the appeal of the assessee since the assessee neither produced any details nor appeared before the ld. CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee is that the customs proceedings are pending before the Customs Excise Service Tax Appellate Tribunal (South Zonal Bench), Chennai towards levy of customs duty and therefore, the assessee could not attend during the appellate proceedings. Though the ld. CIT(A) has given as many opportunities, the assessee has not appeared or produced any material to substantiate its claim. However, the ld. CIT(A) has not discussed the merits of the case. Hence to meet the ends of natural justice, we are of the opinion that the assessee shall be afforded an opportunity of being heard to substantiate its case before the ld. CIT(A). Accordingly, we set aside the orders passed by the ld. CIT(A) and remit the matter back to the file of the ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
