9911796707
TMI Blog2017 (5) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 10.05.2016, for reason of non prosecution by the assessee on account of not being present or represented on various dates on which these appeals were fixed in response to notices issued. Subsequently, the miscellaneous applications in MA Nos. 403 to 406/ Mum/2016 were filed by the assessee seeking recall of the exparte order dated 10.05.2016, for various reasons mentioned therein, inter alia, (i) that he was away at Rajasthan and not at the given address at Mumbai and therefore the notices issued for hearings could not be received by him or be served on him and (ii) that the Coordinate Bench of this Tribunal in the assessee's appeals on quantum issues vide order in ITA Nos. 8077 to 8080/Mum/2010 dated 24.04.2015 for these assessment y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years 2001-02 to 2004-05 on quantum additions, that form the basis for levy of penalty, have been set aside and restored to the file of the AO for reexamination and fresh adjudication, holding as under at paras 7 to 11 thereof : - 7. Having heard the rival submissions, we have carefully perused the orders of the authorities below and the documentary evidences referred to during the course of the appellate proceedings before us. Claim of agricultural income - There is no dispute that the assessee was having substantial holding of agricultural land. The ownership of agricultural land has not been denied by the Revenue authorities. Considering the holding of the agricultural land by the assessee, in our considered opinion, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mains is that for A.Y. 2002-03 which is in respect of the addition of Rs. 6 lakhs. 9. At the very outset, it has to be understood clearly that the entry which was found credited in the books of account is of Rs. 5 lakhs and not 6 lakhs as taken by the AO. 9.1. Page-12 of the Paper Book 1A is the copy of the order u/s. 131(3) which gives details of books impounded during the course of assessment proceedings of A.Y. 2002-03. The impounded books contain cash book and ledger accounts for the period 1.4.2001 to 31.3.2002. Page-165 of the paper book 1B is the cash book entry as on 20.11.2001 which shows credit of Rs. 5 lakhs on account of sale of agricultural land. Page-167 of the same Paper book contains cash book entries of 5.12.2001, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in the remand proceedings holding that the witness was not produced before him. This affidavit of the witness is in contradiction to the claim of the AO. However, in the interest of justice and fair play, we restore this issue to the file of the AO. The assessee is directed to produce the witnesses and also the purchaser of the impugned land before the AO for verification. The AO is directed to verify and decide the issue afresh after giving reasonable opportunity of being heard to the assessee. Ground relating to the addition of Rs. 6 lakhs on account of credit entries found in the books of account is allowed for statistical purpose. 11. In the result, the appeals filed by the assessee are allowed for statistical purpose." 3.3 In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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