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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 ..... acts and in the circumstances of the case and in the law The Commissioner of Income Tax (Appeals)-22, Mumbai ought to have given one more opportunity to produce the details, documents for scrutiny assessment. 2. 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. 11,64,511/- on depreciation. The Appellant prays that disallowance made in respect of depreciation be deleted. 3. 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. 60,25,114/- towards interest expenditu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal evidences at the appellate stage. 2. The appellant prays that your honours hold that there was a reasonable and sufficient cause on account of which the appellant could not furnish the relevant details and evidences before the Assessing Officer and that the Commissioner of Income Tax (Appeals) ought to admit the additional evidences, called for a remand report and decided the appeal as per law. 3. At the outset, the learned Counsel submitted that in the present case, the learned Commissioner (Appeals) has refused to admit the additional evidences, which were filed before him that goes to the very root of the issues involved. He has rejected the said admission of additional evidences on the grounds that there is no reasonable cause fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional evidence. Thus, the findings of the Assessing Officer has to be sustained as the assessee has lost various opportunities given by the A.O. at the assessment stage. 5. We have heard the rival contention, perused the relevant findings of the authorities below and the material available on record. The Assessing Officer has completed the assessment at an income of Rs. 47,54,663, as against returned loss of (-) Rs. 34,84,478. The Assessing Officer, in Para-2 of the assessment order, has mentioned that various notices have been issued to the assessee, which has not been responded by the assessee. Accordingly, he has completed the assessment, based on whatever details, which could be furnished at the time of the assessment by the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee afresh. Consequently, we set aside the impugned order passed by the learned Commissioner (Appeals) and set aside the entire matter back to the file of the Assessing Officer and direct him to examine all the relevant records and evidences as has been furnished by the assessee before the learned Commissioner (Appeals) and also to carry out any such enquiry as he may deem fit under the facts and circumstances of the case and after providing due and effective opportunity of hearing to the assessee. The assessee will also cooperate with the Assessing Officer to finalise the assessment and will ensure that proper address is given for the communication. Thus, the ground raised by the assessee is treated as allowed for statistical pur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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