9911796707
TMI Blog1985 (7) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... y the CIT with the assessment orders of the ITO is the alleged failure of the ITO to take into account the entries in the diary which was seized from the assessee s possession during the course of a search. According to the CIT from a perusal of the diary it prima facie appeared that the assessee was carrying on manufacturing on a large scale and was running a stainless steel rolling mills at B-5, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en though notice of hearing been sent at the address given by the assessee to the CIT. The appeals are, therefore, being disposed of on merits after taking into account the material on record and the submissions made by the ld. Departmental representative. 4. The main grievance of the assessee as articulated in the grounds of appeal is that the service of notice under s. 263(1) of the IT Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was move. Another letter thereafter was written to the assessee under signatures giving a further opportunity for hearing and also enclosing the reasons why the cancellation of the assessment was sought for. The hearing was fixed for10th July 1984. The assessee s representative Shri K. L. Gupta, Advocate and Shri Jitendar Nath, C. A. attended on the date of hearing and they were duly heard." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see, this time under the signature of the CIT reiterating the same facts as had been indicated earlier and the hearing was fixed for10th July 1985. On the given date of hearing the learned counsel for the assessee did attend before the CIT and made his submissions. In view of these facts, it appears to me that in the finding of the CIT that the opportunity provided to the assessee was not inadequa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion was erroneous and prejudicial to the interest of the Revenue. In view of the above discussion I see no justification to interfere with the order of the CIT setting aside the original assessment order and directing fresh assessments after taken into account the entries in the seized diary and after giving opportunity of being heard to the assessee. Accordingly the appeal stand rejected. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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