9911796707
TMI Blog2012 (10) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... ash deposited in the Bank account, deleted by CIT(A) - Held that:- CIT(A) is duty bound to give reasons justifying his action for deletion of any addition. Order passed by CIT(A) without justifying or without giving reason for deletion of any admission has no legs to stand. Accordingly, we set-aside the order of CIT(A) on this ground and in the interest of justice, the matter is restored back to the file of Assessing Officer for deciding afresh as per law - Decided partly in favor of Revenue - I.T.A.No. 363/Ind/2011 - - - Dated:- 12-7-2012 - SHRI JOGINDER SINGH AND SHRI R.C.SHARMA, JJ. Appellant by : Shri Keshav Saxena, CIT DR Respondent by : Shri Avinash Gaur, Adv. ORDER PER R. C. SHARMA, A.M. This is an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d his explanation was called for in this behalf. Since no such exercise has been carried out and no opportunity of being heard has been provided to " the appellant, the addition is held to have been made in violation of principles of natural justice and as such the same cannot be sustained. The addition is directed to be deleted. However, the AO is at liberty to take further action in the matter as per law in the event of any income by way of capital gain is found to be involved in the transactions. 3. Against the above deletion, the Revenue is in appeal before us. From the record, we found that CIT(A) has deleted the addition by verifying the ledger of the broker indicating regular transaction of sale and purchase of share by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.4.1 Since the AO has not even given details of bank accounts, dates of deposits, amounts of deposits, bank accounts etc where such deposits are alleged to have been made by the appellant and his family members, the AO's action is totally baseless and not supported by material on record. The impugned addition for the same is held to have been made without any basis and is directed to be deleted. 5. We have considered the rival submissions and found from record that without giving any of his positive finding, the ld. CIT(A) has deleted the addition, which is not proper. Under the provisions of Section 250, sub Section (6), the CIT(A) while disposing the appeal of the assessee, shall state in writing the reasons and points for determin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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