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TMI Blog2013 (10) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals has not been pressed and hence requires no adjudication. 3. Ground no. 2 relates to the issue of not adjudicating on merits by the Ld.CIT(A), the ground of appeal pertaining to action of the AO rejecting the books of account by him during the assessment proceedings. 3.1 Briefly stated, the assessee, an individual, a doctor by profession is a notified person under the Special Court (Trial of offences relating of Transactions in Securities) Act 1992 and all its assets including Bank Accounts were attached and vested in the hands of the custodian appointed under the said Act. During the years under consideration the assessee had filed books of accounts along with balance sheet and Profit & Loss Account during the course of assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epared the books of account. However, I find that inspite of the rejection of the books of accounts, the Assessing Officer has determined the income of the appellant as per the return of income filed by the appellant. The only disallowance made by the Assessing Officer is in respect of the interest expense on the ground that the liability to pay does not arise. Hence, since the income of the appellant is not under dispute, the adjudication of this ground of appeal is purely academic. In view of the same, this ground of appeal is dismissed for statistical purpose." Aggrieved by the impugned decision, the assessee has raised this ground in the appeals before us. 3.2 Before us, the Ld.AR has stated that the rejection of books of account has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et aside to the file of the Ld.CIT(A) to adjudicate afresh on merits in respect of the issue pertaining to the rejection/reliability of the books of accounts produced by the assessee after giving due opportunity of being heard to the assessee for defending his case. We order and direct accordingly. Thus, Ground no 1 of the appeals is allowed for statistical purposes. 4. Ground no. 3 relates to the issue of assessebility of income in the hands of the assessee when there is no income from the attached assets. At the outset, it is observed that this ground has been taken by the assessee before us for the first time and also the issue is not arising out of the discussions of the AO/Ld.CIT(A). In view of the fact that this issue cannot be raise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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