TMI Blog2019 (1) TMI 1996X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer has also not done any examination in respect of the advertisement revenues claimed to have been received by the assessee. AO has completed the assessment purely on the basis of presumptions that the transactions are bogus. Thus, there is insufficiency of the facts coming out of the assessment order as also there is a clear violation of principle of natural justice in so far as evidences collected against the assessee have not been given to the assessee for his rebuttal. In the interest of natural justice to both the sides, the assessment Order is set aside and the issues are restored to the file of ld. AO for re-adjudication denovo. AO shall provide the assessee all evidences collected by him and which he proposes to use in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. In the assessee s appeal in ITA No.1678/Chny/2018, it was submitted by ld.A.R that in the assessment order, the ld. Assessing Officer has relied upon the various documents and investigation reports, which have not been given to the assessee. Further, ld.A.R drew our attention to para 4.4 of assessment order wherein the ld. Assessing Officer talks of investigation conducted by the Investigation Wing, Chennai. It was a submission that what is the investigation reports, who are examined, nothing is known and no details have also been given to the assessee for its rebuttal. Further, ld.A.R drew our attention to para 5.5 of assessment order wherein the A.O mentioned that in order to verify the genuineness of the transactions, information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unity to examine the genuineness of the claim of advertisement revenues. It was a submission that he had no objection, if the assessment was re-done denovo. It was a submission that however as the First Appellate Authority upheld the assessment order, the same was liable to be upheld by the Tribunal also. 6. We have considered the rival submissions. A perusal of the assessment order clearly shows that the Assessing Officer has collected various evidences and the same have not been put for the assessee for its rebuttal. Further, perusal of the assessment order clearly shows that the Assessing Officer has also not done any examination in respect of the advertisement revenues claimed to have been received by the assessee. The Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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