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2023 (6) TMI 1031

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..... account hence, to sub-serve the principle of natural justice, atleast the assessee should get opportunity to represent its case before the appellate authority. We, hereby, set aside the impugned order and restore the issue to the file of Ld.CIT(A) to decide the grounds of appeal raised before him afresh after giving opportunity of being heard to the assessee.Appeal of the assessee is allowed for s .....

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..... 1961 ( the Act'). 1.1 That the CIT(A) erred on facts and in law in passing the impugned order in undue haste in gross violation of the principles of natural justice and without judiciously considering/ adjudicating the grounds raised by the appellant. 1.2 That the CIT(A) erred on facts and in law in dismissing, ex-parte, the appeal of the appellant without proper/ effective service .....

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..... g that the appellant had produced detailed documentary evidences to substantiate the source of funds invested. 5. That the CIT(A)/AO has erred on facts and in law in making an addition of Rs 26,69,000/- in the hands of the appellant without appreciating that the investment made in the derivative business was made by the appellant in the capacity of Karta of his HUF. 6. That the assessing .....

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..... tatement of facts and grounds of appeal, the assessee had offered explanation regarding source of cash deposited in bank account hence, to sub-serve the principle of natural justice, atleast the assessee should get opportunity to represent its case before the appellate authority. We, hereby, set aside the impugned order and restore the issue to the file of Ld.CIT(A) to decide the grounds of appeal .....

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