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TMI Blog2013 (12) TMI 1408X X X X Extracts X X X X X X X X Extracts X X X X ..... been granted adequate opportunity to explain the issues in the course of assessment - The additions had been made only on surmises and conjectures without giving the assessee adequate opportunity to explain the individual items - The assessee has produced certain fresh evidences before the Tribunal in the form of affidavits – The issue was restored to AO for fresh adjudication. - ITA No.1368/Kol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dequate or rather no opportunity to explain the case and produce any evidence whatsoever and as such the entire order of CIT(A) suffers from gross infirmity and apparently creates and true impression of denial of natural justice and liable to be quashed or set aside. 2. That on the facts and in the circumstances of the case C.I.T.(A) grossly erred in law in not taking into cognizance Ground No.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y erred both on law and on fact in confirming the addition of Rs.2,50,000 representing loan given to M/s. Ray Garments and Raj Saree Palace. 6. That on the facts and in the circumstances of the case, C.I.T.(Appeals) grossly erred both in law and in fact in confirming the estimated addition of Rs.1,05,000 representing estimated interest on estimated investment. 7.That on the facts and in the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. AR drew our attention to assessment order to explain that the assessee had not been granted adequate opportunity to explain the stock of jewellery in respect of the customers who had given the gold jewellery for making the ornaments. The ld. AR had also drew our attention to the affidavits which he desired to file to explain the said gold jewellery. It was the further submission that on the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esh evidences before us in the form of affidavits we are of the view that the issues in this appeal are liable to be restored to the file of the AO for re-adjudication after granting the assessee adequate opportunity to substantiate his claim and we do so. In the result the appeal of the assessee is partly allowed for statistical purposes. As the issues in this appeal are restored to the file of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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