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Issues:
1. Ex parte assessment upheld by CIT(A) 2. Estimation of income from cloth business by ITO 3. Addition of income on Sharafi transaction 4. Assessment of cash credits 5. Estimated addition on account of household expenses Analysis: 1. The appeal was against the CIT(A)'s confirmation of the ex parte assessment by the ITO. The CIT(A) upheld all additions made by the ITO, including estimating business profit, interest on sharafi advances, unexplained cash credit, and household expenses. The Tribunal heard arguments from both sides regarding the assessment. 2. The ITO estimated the income from the cloth business at Rs. 60,000, considering turnover, advances to sister concern, cash credits, and household expenses. The CIT(A) confirmed this estimation. However, the counsel for the assessee argued that past assessments showed lower business income, and unledgerised purchases affected the net profit calculation, suggesting the ITO's estimate was arbitrary. 3. The addition of income on Sharafi transaction was challenged by the assessee's counsel. They argued that interest-bearing funds were available to the assessee, and if diverted, interest disallowance would be appropriate. The Tribunal noted the need for factual verification on this issue. 4. The assessment of cash credits was disputed by the assessee, claiming that the amounts were received and repaid by cheques, not cash. The ITO's approach of adding ledger totals as income from undisclosed sources was criticized as arbitrary and unjustified. Legal principles of natural justice were cited to support the assessee's argument. 5. The estimated addition on household expenses was also contested, with evidence presented to show contributions from family members. The Tribunal found the drawings to be adequate considering the additional contributions. In the interest of justice, the Tribunal set aside the previous orders and directed the assessment to be reconsidered by the ITO, allowing the assessee to present evidence and address the materials used for the additions. Overall, the Tribunal allowed the appeal for statistical purposes, emphasizing the importance of fair play and giving the assessee an opportunity to contest the additions made during the assessment process.
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