2022 (5) TMI 881

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..... . This appeal filed by the assessee is against the order of the Ld. CIT(A), Rajamahendravaram in ITA No. 10116/2013-14/CIT(A)/RJY, dated 21/10/2019 passed U/s. 143(3) r.w.s. 263 of the Act for the AY 2007-08. 2. The assessee has raised the following grounds in its appeal: "1. The order of the Ld. CIT(A) is not justified and not in consonance with the facts of the case. 2. The Ld. CIT(A) is no .....

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..... ted u/s. 143(3) of the Act on 25/11/2009 determining the loss at Rs. 33,13,336/-. The assessment was subjected to revision U/s. 263 by the CIT, Rajahmundry wherein the Ld. CIT set-aside the assessment on account of some erroneous commissions and omissions noticed therein and directed the Ld. AO to re-do the assessment as per the directions mentioned in the order U/s. 263 of the Act. Consequent to .....

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..... the assessee's appeal and granted relief to the assessee only to the extent of Rs. 22,067/- on account of disallowance of interest. Aggrieved with the order of the Ld. CIT(A), the assessee is in further appeal to the Tribunal. 5. Before us, at the outset, the Ld. AR submitted that the assessee had filed the additional evidences/documents before the Ld. CIT(A). The Ld. CIT(A) had called for a .....

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..... used the material on record and the orders of the authorities below. On perusal of paras 7 & 7.1 of the Ld. CIT(A)'s order, it is clear that there is no reference of filing response by the assessee as well as there was no mention about the supply of copy of the remand report to the assessee. Therefore, in our considered opinion once the lower authorities or any authority chooses to decide the .....

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..... se, we deem it fit and proper to remand the entire matter to the file of the Ld. AO for de novo assessment, following the principles of natural justice and in accordance with law. Needless to mention that the Ld. AO should provide proper opportunity of being heard to the assessee as per the principles of natural justice. 8. In the light of the above, the appeal of the assessee is allowed for stat .....

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