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2012 (12) TMI 326

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..... by the impugned order dated 25th January, 2012.   2. On ground no.1, during hearing, the ld. Counsel for the assessee Shri Hitesh Chimnani contended that effective opportunity of being heard was not provided to the assessee despite the fact that there was a change in the management. This assertion of the assessee was strongly opposed by Shri R.A. Verma, ld. Sr. DR by inviting our attention t .....

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..... firmation of additions of Rs.19,87,783/- made u/s 68 of the Act on account of sundry creditors, Rs.1,76,000/- as unsecured loans, Rs.1,91,583/- made u/s 40(a) (ia) of the Act, adhoc addition of Rs.4 lacs out of purchase and salary expenses and Rs.40,405/- out of travelling and telephone expenses for personal use are concerned especially when no defect was pointed out in the books of the assessee. .....

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..... ecessary details before the ld. Assessing Officer inspite of sufficient opportunities, however, the ld. Counsel for the assessee explained that there was change in management, therefore, the necessary details could not be filed and quickly added that the same were filed before the ld. CIT(A). We find that during hearing before the ld. CIT(A), written submissions were filed by the assessee by furt .....

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..... ted, therefore, keeping in view the principle of natural justice, we remand ground nos. 2 to 5 to the file of the Assessing Officer with the direction to examine the claim of the assessee afresh after providing due opportunity of being heard with further liberty to furnish evidence, if any, in support of its claim, consequently, these grounds are allowed for statistical purposes. 4. However, in p .....

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