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TMI Blog2019 (1) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... received by the assessee. To meet with the ends of justice, assessment order passed by the AO and impugned order passed by the ld. CIT (A) are required to be set aside. Hence case is remanded back to the AO to decide afresh after providing an opportunity of being heard to the assessee. Consequently, the aforesaid appeal filed by the assessee is allowed for statistical purposes. Penalty u/s 271(1)(c) - since the assessment order framed u/s 144/147 of the Act on the basis of which penalty proceedings were initiated has been set aside to the file of AO to decide afresh after providing an opportunity of being heard to the assessee, the penalty proceedings being consequential in nature are also liable to be set aside to the AO to decide accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o other occupation and is in search of purchasing a agriculture land and deposit some of the cash out of the sale proceeds of agriculture land in his bank account in Syndicate bank bearing account no 88092200026251 in kaul branch. The appellant deposit ₹ 778657.50 on 7-2-2009 and ₹ 250000/- on 19-3-2009. 5. That the Agricultural land which was sold by assessee on 29-12-2008 was situated beyond 8 krns from the Municipal limits of Meerut, Hence it does not attract Capital gain tax as per provisions of Income Tax Act 1961. 6. That the learned Commissioner of Income Tax (Appeals) have-not heard the Appellant and dismiss the appeal in-limine 7. That the there is problem with the address of the appellant and notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the controversy at hand are : Assessment in this case was framed under section 144/147 of the Income-tax Act, 1961 (for short the Act ) by issuing of the notice u/s 148 of the Act on 16.03.2016. Then notices u/s 142(1) dated 16.05.2016 and 08.08.2016 have been issued and served but, on failure of the assessee to appear before the AO, he proceeded to make the addition of ₹ 10,28,658/- on account of cash deposit in the saving bank account no.88092200026251 maintained with Syndicate Bank, Meerut during FY 2008-09. 3. Assessee carried the matter by way of an appeal before the ld. CIT (Appeals) who has dismissed the appeal in limine on the ground that the contention of the assessee that he has not received any notice by the AO, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... go to prove that the assessment has been framed in haste without providing adequate opportunity of being heard to the assessee. Even the ld. CIT (A) has not provided adequate opportunity of being heard to the assessee rather relied upon unsubstantiated fact that when order u/s 271(1)(c) dated 02.06.2017 was received by the assessee, he cannot be believed that the notice u/s 148 of the Act and notices sent u/s 142 (1) have not been received by the assessee. In these circumstances, we are of the considered view that to meet with the ends of justice, assessment order passed by the AO and impugned order passed by the ld. CIT (A) are required to be set aside. Hence case is remanded back to the AO to decide afresh after providing an opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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