2014 (4) TMI 942

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..... peal of the assessee is directed against the order passed by Ld. CIT(A)-II, New Delhi dated 23.10.2012 relevant to assessment year 1997-98 whereby besides challenging confirmations of additions of Rs.10,00,000/- and rejection of books of accounts of the assessee company by invoking section1 45(3), the assessee has also challenged confirmations of addition of Rs.28,77,283/- by separately invoking s .....

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..... unal as per its order dated 05.02.2009 restored the matter to the AO by making certain observation as incorporated by Ld. CIT(A) in para 2 of page 2 of the appeal order. 3. In the second round, the AO sought explanation about assessee's availability of the books of accounts but upon not getting a specific response, completed the assessment by rejecting the book results u/s 145(3) by making ad .....

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..... nsistently following the percentage completion method of accounting which had been accepted by CIT(A) in the appeal against the first round of assessment; that with regard to the addition made u/s 68, confirmation has been filed; and that while the initial onus on the assessee had been discharged; the AO had failed to make any inquiry and completed the assessment on the basis of mere suspicion. 6 .....

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..... the AO as well as to the CIT(A) but both of them have ignored the plea of the assessee either to summon books from the authorities in whose possession books were after having seized during the search. So it was strongly pleaded that in the interest of justice and to have fair play, orders of the authorities below should be set aside and matter may be restored back to the file of the AO with the d .....

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..... of accounts have ever been handed over to the assessee and assessee had along been contesting for verification of the accounts from the books of accounts being held with the tax authorities. Therefore in the interest of justice and fair play in the matter, we find it just and appropriate, to set aside the matter and restore on the file of the AO with the direction to re-decide the case afresh aft .....

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