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TMI Blog2014 (8) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... TA, VICE-PRESIDENT: This appeal by the assessee for the Asstt.year 2004-2005 is directed against the order of the CIT(A). 2. The concise ground no.1 of the appeal of the assessee is as under: "1. The CIT(A) erred in not quashing the order passed by the AO. The order be quashed." 3. The learned counsel for the assessee submitted that the notice under section 153C r.w.s. 153A was issued in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, this issue was not raised by the assesee before the AO and the CIT(A). Accordingly, we are of the view that it shall be in the interest of justice to restore this issue to the file of the AO with direction to decide about the legal issue regarding legality of the notice dated 13.6.2008 issued by the DCIT after allowing reasonable opportunity of hearing to the assessee. 5. Other concise groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred for the purpose of the business and/or for the purpose of earning income and therefore deductible in computation of income." 6. The learned counsel for the assessee submitted that the main issue in this ground of the appeal is regarding addition made of Rs. 17,54,784/- under section 68 of the Act. He submitted that in the connected case of M/s.Navratna Organizers & Developers P. Ltd., the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground no.2 to 4 of the appeal of the assessee to the file of the AO with direction to decide the same afresh in accordance with the law after allowing reasonable opportunity of hearing to the assesse. We direct accordingly.
8. In the result, appeal of the assessee is allowed for statistical purpose.
Order pronounced in Open Court on the date mentioned hereinabove. X X X X Extracts X X X X X X X X Extracts X X X X
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