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TMI Blog2017 (2) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the assessee. Considering the material available on record and after noting the objections the Ld. Sr.DR it was considered appropriate to reject the same and proceed with the present appeal ex-parte qua the assessee on merit after hearing the Sr.DR. 3. The relevant facts of the case are that the assessee who had not filed any return was found as per data available to the tax authorities deposited cash of Rs. 26,57,533/- in his bank account maintained with ICICI Bank Limited. Thus after recording of reasons notice u/s 148 was issued to the assessee requiring the assessee to explain the same. Notices issued u/s 142(1) remained uncomplied with. Information under section 133(6) of the I.T.Act was sought from the Manager, ICICI bank, B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the fact that the assessee had filed its return in the wrong Jurisdiction and despite opportunity had failed to prove that he was engaged in any trading activity in motor parts and auto parts confirmed the addition. He took note of the fact that the gross receipts of the assessee were equal to his gross profit thus at best the assessee it was concluded could be engaged in some job work. It was further noted by him that multiple bank accounts were maintained by the assessee and there was no mention anywhere of any business conducted from ICICI Bank in Mumbai which surfaced only through AIR information as even from the regular bank account maintained with State Bank of India, Gandhi Nagar, Delhi the payment of taxes were not made as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was given up. Thus taking note of the fact that although more than sufficient opportunity has been provided to the assessee during the remand proceedings and the appellate proceedings, I find one more opportunity on facts ought to have been provided as in the eventuality the written submissions were considered to be not sufficient to support the claim, an opportunity of being heard as per law ought to have been given. I find that in the face of the fact that the grievance of the assessee still persists the impugned order is set aside to the file fo the Ld.CIT(A) directing the said authority to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. While so directing it is made clear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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