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2017 (7) TMI 1430

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..... case are identical in all respect and submissions of the representatives are also identical. Therefore, on similar lines, the matter is restored back to the file of Ld. Assessing Officer for fresh adjudication, which results into assessee s quantum appeals being partly allowed for statistical purposes. - ITA. No. 6049, 6050, 6051, 6052, 6053, 6054, 6055/Mum/2012, 7647, 7648, 7649, 7650, 7651/Mum/2014 - - - Dated:- 7-7-2017 - SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM For the Assessee : Mukesh Choski, Ld. AR For the Revenue : R.P.Meena, Ld. CIT DR ORDER Per BENCH 1. These are twelve appeals by assessee from Assessment Year 2004-05 to 2010-11 which assails quantum assessment as well as imposition of .....

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..... various decisions of the Tribunal in case of associated concerns where the income has been estimated @0.15%, the copies of which have been placed in the paper book. At the time of hearing, the assessee submits that the assessment orders have been passed by Ld. AO without providing sufficient opportunity of being heard to the assessee and moreover, the addition made by lower authorities was on the higher side. 5. Per contra, Ld. DR controverted the same and submitted written submissions of 17 pages against the stand taken by the assessee and contended that no precedent can be followed in case of estimation of income. 6. We have heard the rival contentions and perused relevant material on record. The respective representatives has brou .....

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..... 2 ITA.Nos. 6435 to 6441/M/2012 M/s. Mihir Agencies Pvt.Ltd 06.01.2016 3 ITA Nos. 309 310/M/2013 M/s. Kanak Stock Brokers Pvt.Ltd. 09.09.2016 4 ITA Nos. 887/M/2012 2699/M/13 M/s.Goldstar Ginvest Pvt.Ltd 30/11/2015 5 ITA Nos. 2700,2702 2701/M/2013 Alliance Intermediateries Network Pvt.Ltd 24/02/2016 6 ITA Nos. 6114 to 6120/M/2012 M/s.Goldstar Finvest Pvt.Ltd. 01.06.2016 7 .....

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..... ental Representative, we are of the view that the Assessing Officer should examine all these submissions of the Ld. Departmental Representative and the case laws relied on by the Ld. Counsel for the assessee and decide the issue afresh in accordance with law. Thus, we restore the assessments to the file of the Assessing Officer to decide afresh in accordance with law after providing adequate opportunity of being heard. 7. In the result, the appeals filed by the assessee for the Assessment Years 2005-06 to 2007-08 and 2010-11 are allowed for statistical purpose. The facts of the instant case are identical in all respect and submissions of the representatives are also identical. Therefore, on similar lines, the matter is restored back t .....

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