TMI Blog2022 (5) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 and remit the matter to the file of the Ld. CIT(A) for fresh consideration of the Appeal. Needless to say that the assessee shall be provided sufficient and reasonable opportunity of being heard on the statement of facts and the grounds raised in the appeal and pass appropriate order in accordance with law. Appeal of the assessee is allowed for statistical purposes. - 2007-2008 - - - Dated:- 27-4-2022 - Dr. B. R. R. Kumar , Accountant Member And Sh. Yogesh Kumar U. S. , Judicial Member Assessee by : None Revenue by : Sh. N.S. Jangpangi , CIT-DR ORDER Per Yogesh Kumar U. S., Judicial Member This appeal has been filed by the assessee against the order of the Ld. CIT(A)-IV, Kanpur dated 16.01.2017. 2. Brief facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to tax only income escaping assessment in the original proceedings. You may therefore issue the refund claimed. 3. The said explanation given by the assessee was not been found to be acceptable on the ground that, the housing loan of Rs. 25 lac has been availed from the HDFC Bank, remaining amount of Rs. 13,95,000/- has been paid out of the capital gain amount of the plot sold on which exemption was claimed, therefore, balance amount of Rs. 8,67,367/- had not been utilized for purchase and the exemption of Rs. 8,67,367/- claimed by the Assessee was disallowed and added back to the income of the Assessee vide assessment order dated 21-03-2013. Consequent to the assessment order, penalty proceedings has been initiated against the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment is also not filed, and therefore, the Ld. CIT(A) dismissed the appeal on 12/01/2017. 8. Since the Appeal before the CIT(A) has been decided without hearing the assessee and assessee has urged the said grievance in the present appeal, in the interest of justice and to render the substantial justice by looking to the facts and circumstances of the case, we are inclined provide an opportunity to the assessee to canvas the appeal before the CIT(A). 9. Accordingly, we set aside the order of the Ld. CIT(A) dated 16-01-2017 and remit the matter to the file of the Ld. CIT(A) for fresh consideration of the Appeal. Needless to say that the assessee shall be provided sufficient and reasonable opportunity of being heard on the statement of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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