9911796707
TMI Blog2018 (9) TMI 1318X X X X Extracts X X X X X X X X Extracts X X X X ..... ade on behalf of the respondents, we are of the considered opinion that the matter deserves to be remitted to the Revisional Authority for fresh consideration of the Revision filed by the petitioner dwelling on all the issues raised therein. The impugned order is set aside. The matter is relegated to Principal Commissioner of Income Tax, Gwalior, for reconsideration of Revision preferred by the petitioner. Principal Commissioner of Income Tax, Gwalior, shall, after affording opportunity of hearing, decide the Revision in accordance with law meeting out the contentions raised in the Revision. - W.P. No. 9180/2018 - - - Dated:- 20-8-2018 - Sanjay Yadav And Ashok Kumar Joshi JJ. For the Petitioner : Shri Pankaj Bhatia Shri Kunal S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for exemption under Section 10(23C)(iiiad) of 1961 Act. The order which is under challenge is in the following terms:- In order to examine the cash fees deposited in saving bank account and claim of exemption u/s 10(23C)(iiiad) of the I.T. Act, 1961, a letter dated 05.02.2018 has been issued to the assessee. The assessee was also required to produce books of account, fees receipts etc. In compliance, the assessee filed reply on 12.02.2018 and produced books of account, fees receipts etc on 22.02.2018 which has been examined. As per AIR information during the year assessee had made cash deposits of ₹ 65,32,563/- in saving bank account maintained with PNB on PANAAFFR4110D whereas as per copy of acknowledgment of return for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpermissible, as the order under challenge has been passed by the Authority concerned in her capacity of quasi-judicial Authority. Be that as it may. Learned counsel appearing for respondents fairly submits that the petitioner/assessee had raised a ground regarding non-service of notice under Sections 148, 142(1) and 144 of 1961 Act, which is not being considered, the Revision has been dismissed on merit. In view of the submissions made on behalf of the respondents, we are of the considered opinion that the matter deserves to be remitted to the Revisional Authority for fresh consideration of the Revision filed by the petitioner dwelling on all the issues raised therein. In view whereof, the impugned order is set aside. The matter is r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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