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TMI Blog2014 (4) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee has sufficient material to prove that the investment in mutual fund is explainable – thus, the matter is required to be remitted back to the AO for re-adjudication – Decided in favour of Assessee. - I.T.A. No.1196/MUM/2011 - - - Dated:- 2-4-2014 - Shri I. P. Bansal, JM And Rajendra, AM,JJ. For the Petitioner : Shri Shrey S. Joshi For the Respondent : Shri Ashok Suri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 144 be set aside and restored to file of A.O. in absence of proper service of notices and to provide sufficient opportunity to appellant. 5. In law and circumstances of the case, the order of learned CIT (A) may not be upheld so as to provide sufficient opportunity to appellant in the interest of justice. 2. The impugned assessment order is an order dated 17/12/2008 passed under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mine on account of failure of the assessee to attend before him. In any case speaking order has not been passed on the addition agitated by the assessee. Against such order of Ld. CIT(A) the assessee is aggrieved and has filed aforementioned grounds. 3. After narrating the facts it was submitted by Ld. A.R that assessee could not attend before AO as notices could not be properly served on the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplained. It was pleaded by Ld. AR that it will serve the interest of justice if the matter is restored back to the file of AO with a direction to re adjudicate the issue after giving the assessee a reasonable opportunity of hearing. 4. On the other hand, Ld. DR relied upon the order passed by AO and Ld. CIT(A). 5. We have heard both the parties and their contentions have carefully been cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, as the matter is being restored to the file of AO, this issue will become academic only. With the above observations the appeal filed by the assessee is considered to be allowed for statistical purposes. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes in the manner aforesaid. Order pronounced in the open court on 02/04/2014. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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