9911796707
TMI Blog2012 (7) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO. 2.2 The facts in this case as noted by Ld.CIT(A) are that the assessee was the Branch Manger in Ajmer Branch of Oriental Bank of Commerce during the relevant year. Return declaring taxable income of Rs. 1,38,540/- was filed. Assessment u/s 143(3) of the Act read with Section 147 was made in his case on 28-01-2001, in which total income was determined at Rs. 1,72,22,050/- on protective basis. The addition was deleted by the ld. CIT(A). The issue was restored to the file of the AO by ITAT. Pursuant to these directions of the ITAT, the AO completed the assessment on 24-12-2009 in which addition of Rs. 56.00 lacs was made (on protective basis) on account of deposits in various bogus / benami/ fictitious accounts. Further the facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 The ld. DR placed reliance on the orders of the AO. 2.5 On the other hand, the counsel of the assessee placed reliance on the orders of the ld. CIT(A). Reliance was also placed on the written submission place on record. It was further submitted that even the C.B.I. Court has exonerated the assessee. The attention of the Bench was drawn to the judgment of C.B.I. Court and the copy of which is placed at pages 26 to 61 of the assessee's paper book. 2.6. After considering the submissions and perusing the material on record. We find that both the appeals of the department are liable to be set-aside to the file of the CIT(A). It is seen that appeals of the assessee were decided of the CIT(A) ex-parte. Except mentioning that there was no compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,050/-. Department has not filed any appeal before Tribunal in respect to addition deleted of Rs.1,65,85,930/-. However department filed appeal in respect to commission of Rs.4,97,578/- deleted by CIT(A). This addition was also deleted by Tribunal. The addition on substantive basis was made in case of Gutkha Group alongwith in the name of account holder. The Tribunal set-aside the order of CIT(A) in case of Gutkha Group where Ld.CIT(A) had deleted the addition. There after notice u/s 148 was issued to the assessee on 29.12.2008. Again assessment u/s 143(3)/148 were completed and an addition of Rs.56 lacs each for assessment year 1998-99 and 1999-00 was made. As stated above Ld.CIT(A) deleted these additions for both of the year by observin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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