9911796707
TMI Blog2012 (2) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... and in facts in not appreciating that the assessment order was passed and the appeal was dismissed without complying with the principles of natural justice. 3. The learned Commissioner of Income-tax (Appeals) has erred in law and in facts in not appreciating that the notice issued u/s. 147 of the Act is invalid and illegal. 4. The learned Commissioner of Income-tax (Appeals) has failed to appreciate that various notices issued by the Assessing Officer are invalid and illegal. 5. The learned Commissioner of Income-Tax (Appeals) has erred in Indian Oil & Agrl. Products law and in facts in confirming the addition of `. 37,00,405/ - on account of unexplained deposits in the bank. 6. The learned Commissioner of Income-tax (Appeals) has erre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A) has taken note of the earlier round of proceedings before the CIT(A) and held that the assessee has failed to explain the cash Indian Oil & Agrl. Products credits and bank deposits. Accordingly, the addition made by the Assessing Officer has been confirmed vide impugned order. 4 Before us, the ld AR of the assessee has submitted that the Assessing Officer issued notice only at the end of the month of Dec 2006 and finally the Assessing Officer passed order on 28.12.2006. Therefore, the assessee was not given proper opportunity to file the relevant record and explain the bank deposits and withdrawals. Thus, the ld AR of the assessee has submitted that the assessee was not given a proper opportunity of hearing and therefore, there is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the same, we deem it fit to set aside the matter to the file of Assessing Officer for this assessment year also for being considered afresh in accordance with law. In view of these directions, it is not necessary to either consider the specific grounds urged regarding the additions made in the assessment or the specific grounds urged in the additional grounds in respect of the additions made." 5.1 Though the validity of reopening was dismissed by the Tribunal; however, the issue of addition on account of unexplained cash credit was remanded to the record of the Assessing Officer for considering afresh. In the subsequent proceedings, the Assessing Officer in para 3 of the assessment order has stated that notice u/s 143(2) and 142(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
