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TMI Blog2019 (3) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... should pass the order, whether, he admits the additional grounds of appeal or not and then after giving opportunity of being heard to the assessee as well as AO should decide the additional grounds on merits. CIT(A) without admitting the additional grounds of appeal and without passing any order thereon and without calling the remand report from the AO straightway dismissed the additional grounds of appeals. CIT(A) did not consider the subsequent orders passed by the AO on percentage basis. It is well settled law though principles of resjudicata do not apply to Income tax proceedings but rule of consistency do apply to the Income tax proceedings. - Appeal of assessee is allowed for statistical purposes. - ITA No. 2899/Del/2015 - - - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. The assessee submitted before Ld. CIT(A) that it is the cardinal principle of taxation that an assessee will be taxed only on its correct taxable income computed according to law. Assessee therefore prayed that additional grounds may be admitted. It was further submitted that in scrutiny assessments for subsequent assessment years 2011-12 2012-13, AO has completed the assessments on percentage basis and computed the net profit @ 19.68%. The Ld. CIT(A), however, did not accept the contention of the assessee and dismissed the main ground of appeal as withdrawn and also dismissed the additional grounds of appeal. 5. Ld. Counsel for assessee submitted that AO should have only taxed the income of those units which were complete and sold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e additional grounds of appeals. The Ld.CIT(A) did not consider the subsequent orders passed by the AO on percentage basis. It is well settled law though principles of resjudicata do not apply to Income tax proceedings but rule of consistency do apply to the Income tax proceedings. The order of the Ld. CIT(A) is also non speaking on each aspect raised before him. In this view of the matter, we set aside the impugned order and restore the additional grounds of appeals to the file of Ld.CIT(A) with direction to decide the same as per law by giving reasonable sufficient opportunity of being heard to the assessee as well as to the AO, keeping in mind observation in this order. 7. In the result, the appeal of assessee is allowed for statistic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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