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TMI Blog2014 (1) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) is co-terminus with that of the Assessing Officer and during the appellate proceedings, the learned Commissioner (Appeals) can not only entertain various evidences but also can also carry out necessary enquiry through the Assessing Officer after calling for the remand report - The issue was restored for fresh adjudication. - ITA No. 6726/Mum./2011 - - - Dated:- 6-12-2013 - Shri D. Karunakara Rao And Shri Amit Shukla,JJ. For the Petitioner : Mr. Sanjay Parikh For the Respondent : Mr. Ravi Prakash ORDER Per Amit Shukla, J. M. The present appeal has been preferred by the assessee, challenging the impugned order 22nd July 2011, passed by the learned Commissioner (Appeals)-XXII, Mumbai, for the quantum of assessment pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case and in the law The Commissioner of Income Tax (Appeals)-22, Mumbai erred in upholding the addition made by Assessing officer amounting to Rs. 24,08,709/- as unexplained cash credit U/S 68 of the Income Tax 1961. 7. On the facts and in the circumstances of the case and in the law The Commissioner of Income Tax (Appeals)-22, Mumbai erred in upholding the addition made by Assessing officer amounting to Rs. 18,552/- as interest income instead of Business Income. 8. The Appellant prays that disallowance made in respect of above be deleted." 2. In addition to the aforesaid grounds of appeal, the assessee has also filed petition for admission of additional ground vide which following grounds have been raised:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge / shifing of the office premise, which most of the time resulted that notices sent by the Assessing Officer could not be received. This fact was duly mentioned before the learned Commissioner (Appeals) in the annexure filed along with the memo of appeal. The voluminous details given in the paper book have not been considered at all which goes to show that the additions made by the Assessing Officer are not correct. He thus requested that in the interest of justice the entire matter should be restored to the file of the Assessing Officer so that all these documents can be examined and verified by the Assessing Officer and then compute the assessee's correct income. 4. On the other hand, the learned Departmental Representative strongly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons given before us and also before the learned Commissioner (Appeals), we are of the opinion that prima-facie these evidences ought to have been considered by the learned Commissioner (Appeals) in the interest of substantial justice, as a very high pitch assessment has been made and these evidences goes to the very root of the various issues involved. The power of the learned Commissioner (Appeals) is co-terminus with that of the Assessing Officer and during the appellate proceedings, the learned Commissioner (Appeals) can not only entertain various evidences but also can also carry out necessary enquiry through the Assessing Officer after calling for the remand report. Looking to the entirety of the facts and circumstances of the case a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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