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TMI Blog2015 (10) TMI 1615X X X X Extracts X X X X X X X X Extracts X X X X ..... tice without affording the proper opportunity of being heard to the appellant and submitting his case on merits. 2. That having regard to the facts and the circumstances of the case, the AO has erred in law in making and the Ld. CIT(A)-XXXI in confirming the addition of Rs. 60,00,000/- as unexplained Credit u/s. 68 of the I.T. Act, 1961 despite or providing documentary evidences and proving identity of the creditor, creditworthiness of the creditor and genuineness of the transaction. 3. That having regard to the facts and the circumstances of the case, the AO has erred in law in making and the Ld. CIT(A) in confirming the addition of Rs. 60,00,000/- as unexplained credit u/s. 68 of the I.T. Act, 1961, without having any adverse observat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ities of hearing on 1/6/2012, 25/06/2012, 2/7/2012, 8/1112012 and 26111/2012. Out of the above said dates, on 3 dates namely 11/06/2012, 25.6.2012 and 07.11.2012 letters have been filed from M/s Oswal Sunil & Company the AR, every time requesting for adjournment as the counsel Mr. Sunil Bhansali was not well to attend the case. On 7/11/2012, while adjourning the case to 26/11/2912 at 3:00 PM- it was clearly written on the request letter that two adjournments have already been taken in the past and none appeared or 21/7/2012. Therefore final opportunity was being given for hearing on 26/11/2012. 3.2 On this date i.e. is 26.11.2012 none appeared. However, a letter has been received from the appellant through speed post once again stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s about the advance. Infact assessee did not attend on the final day fix for hearing. Therefore the assessment had to be completed ex-parte wherein AO has held Rs. 60,00,000/- as unexplained cash credit u/s 68. 3.6 In the absence of any written argument tiled alongwith the form No. 35, no fresh facts are available before me. If there are credits in the books of accounts with narration advance against property: it was tile duty of the assessee to furnish complete details of the transaction and file confirmations and prove the genuineness. As per the assessment order, the assessee has failed to avail the opportunities given. Even during the appellate proceedings the appellant has not furnished any confirmation and details about the said rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month's time was requested, which the Ld. CIT(A) has not considered and proceeded exparte qua assessee. 6.1 Keeping in view of the above facts and circumstances of the case, we are of the considered opinion, that Ld. CIT(A) has not given sufficient opportunity to the assesee and proceeded exparte qua assessee, which is contrary to the principles of natural justice. Therefore, the impugned order is not sustainable in the eyes of law. In the interest of justice, we set aside the issue in dispute to the file of the Ld. CIT(A) with the direction to decide the same afresh, under the law, after providing sufficient opportunity to the assessee. Assessee is also directed to cooperate with the Ld. CIT(A) and not to take unnecessary adjournment. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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