TMI Blog2022 (9) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... l against the assessee. We, therefore, looking into the facts/issues involved in this appeal, in the interest of justice as well as fair to both the parties and in order to facilitate the assessee, restore the appeal to the file of the CIT(A) for fresh adjudication with a direction to assessee to furnish necessary details as and when called for to submit and should not take any adjournment unless otherwise required for reasonable cause. Appeal of the assessee is allowed for statistical purpose. - ITA No. 194/GAU/2018 - - - Dated:- 18-8-2022 - Shri Manish Borad , Accountant Member And Shri Sonjoy Sarma , Judicial Member By Appellant : None By Respondent : Shri P. S. Thuingaleng , ACIT , Ld. DR ORDER Per Sonjoy Sarm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1/03/2018 are all perverse and contrary to the facts and laws of the case. 3. That the learned Commissioner of Income Tax (Appeals), Guwahati-1, Guwahati erred in confirming the addition of Rs. 9,33,58,000 being the outstanding balance of creditors, made by the Assessing Officer as unexplained cash credit under section 68 of the Income Tax Act, 1961 (the Act) on irrelevant considerations, arbitrary grounds, on mere surmises, suspicions, conjectures and in disregard of the Principles of Natural Justice. 4. That the learned Commissioner of Income Tax (Appeals), Guwahati-1, Guwahati misdirected himself in law by enhancing the assessed income of the Assessee Company by the sum of Rs. 3,70,00,000/- by treating the share application mon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rits while perusing the same(grounds) raised by the assessee, we find that there are almost eight grounds of appeal. Ground No. 5 raised by the assessee in the instant appeal submitting that the Ld. CIT(A) erred in not allowing reasonable opportunity of show cause as contemplated u/s. 251(2) of the Act before exercising his power to enhance the assessed income by sum of Rs. 3,70,00,000/-. This is one of the main grievance raised by the assessee appellant in the instant appeal, which goes to the root of the case. While perusing the order passed by the Ld. CIT(A), we find that although notice was issued upon the assessee on 14-03-2018 for enhancement of assessed income. However, from the order passed by the Ld. CIT(A) shows that whether the n ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
