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2022 (5) TMI 448

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..... authorities for early disposal of the case and not to seek unnecessary adjournments without valid reason. It is ordered accordingly. This ground of appeal is allowed for statistical purposes. - ITA No.601/Hyd/2020 - - - Dated:- 5-5-2022 - Shri Lilet Kumar, Judicial Member And Shri L. P. Sahu, Accountant Member For the Appellant : None For the Respondent : Shri T. Sunil Goutam. (D.R.) ORDER PER SHRI LALIET KUMAR, J.M. : This assessee s appeal for Asst. Year 2015-16 arises from the Commissioner of Income Tax (Appeals), Tirupati order dt.7.2.2020 for the Asst. Year 2015-16. 2. None appeared on behalf of the assessee. Heard learned DR and proceeded to hear the appeal exparte. 3. We notice at the outset that a .....

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..... 3. The learned CIT (Appeals) ought to have appreciated the fact that the gifts were made out of the properties sold in the earlier assessment years by the donors and ought not have treated the gifts received by the appellant as unexplained cash credits. 4. The appellant craves leave to add, amend, alter, vary and/or withdraw the above grounds of appeal. 5. The brief facts of the case are that the assessee is an individual and deriving income from retail trading, e-filed his Return of Income declaring loss for the Assessment Year 2015-16 on 5.11.2016 admitting total income of Rs.Nil. The case was selected under CASS and statutory notices were issued calling for the information. In response, the assessee filed information required .....

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..... stage and opposed the request of learned A.R. for sending back the matter to the learned CIT (Appeals). 8. We have heard both the parties and perused the material available on record. Keeping in view of the facts and circumstances of the case, we remit the issue back to the file of CIT (Appeals) for consideration afresh after examining the assessee's submissions and documents. We direct the learned CIT (Appeals) to examine afresh and the issue to be decided as per law. The assessee is also directed to submit all the relevant documents before the learned CIT (Appeals) for examination and co-operate with the authorities for early disposal of the case and not to seek unnecessary adjournments without valid reason. It is ordered accordin .....

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