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2022 (3) TMI 1375

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..... ored to the file of the Assessing Officer for assessment afresh. It has been further submitted that since the facts in all the captioned appeals are identical, therefore, the matter in relation to all the appeal be restored to Assessing Officer. AR has submitted that even the assessee is not satisfied with the order of the ld. CIT(A). He has also requested that the matter may be restored to the file of the Assessing Officer for de novo assessment. In view of the submissions of the Ld. representatives of both the parties, the impugned orders of the CIT(A) are set aside in relation to the captioned appeals and matter is restored to the file of the Assessing Officer for de novo assessment in each case. Appeals of the assessee are treate .....

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..... erred to in re-computing the income of the assessee at Rs. 3,26,704/- instead of Rs. 1,84,07,598/-, being the highest figures derived from the three methods i.e. (i) Net Inflow of Money Method (ii) Peak in cash or Bank book (iii) Accretion to assets in the Balance Sheet however the Ld. CIT(A) accepted that the assessee failed to prove any business activities carried out by the assessee. 4. On the facts and circumstances of the case, the CIT(A) erred in accepting the Cash Book which is a fresh submission made by the assessee before Ld. CIT(A), whereas it was required that an opportunity should have been given to the assessing officer, therefore, CIT(A) has violated the provisions of Rule 46A of the Income Tax Rules. 5. That the appell .....

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..... , I request you to consider the same. 5. Thereafter, another report dated 07.02.2019 was also sent by the Assessing Officer to the ld. CIT(A), however, the ld. CIT(A) did not get satisfied with the said report stating as under: 4.4DC. Hardly any follow-up work worth mentioning seems to have been done post assessment during pendency of appeal. Having regard to complexity of case and lukewarm or no progress at A.O s end, I decide the appeal on available materials . 6. Thereafter the ld. CIT(A) proceeded to decide the issues and he computed net profit of the assessee at Rs.3,26,704/-. Now, the contention of the ld. DRs is that, in this case, neither books of account nor the relevant documents have been examined either by the Asse .....

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