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TMI Blog2020 (12) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... at the level of the Ld. CIT(A). Therefore, in the interest of justice, we are setting aside the issues mentioned in the grounds of appeal to the file of the Ld. CIT(A) with the directions to decide the same afresh, after giving adequate opportunity of being heard to the assessee. Assessee s Appeal is allowed for statistical purposes. - ITA NO. 4777/DEL/2013 - - - Dated:- 7-12-2020 - Shri H.S. Sidhu, Judicial Member And Shri O.P. Kant, Accountant Member For the Assessee : Sh. Suresh Kumar Gupta, CA For the Department : Sh. H.K. Choudhary, CIT(DR) ORDER PER H.S. SIDHU, JM: This appeal filed by the Assessee is directed against the impugned order dated 31.12.2012 passed by the Ld. CIT(A)-11, New Delhi in relatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n available on the record. After discussions, the AO made the various following additions. As regards addition of ₹ 10,77,00,000/- is concerned, the AO observed that assessee has not been able to prove the identity or creditworthiness of the creditor and the genuineness of the transaction and a sum of ₹ 10,77,00,000/- was found credited in the books of accounts as share application money and no explanation was given by the assessee about the nature and source thereof and the amount credited was considered to be unexplained. Similarly, in respect of addition of ₹ 57,72,41,461/-, the AO observed that assessee has not been able to prove the identity or creditworthiness of the creditor and the genuineness of the transact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 30.12.2010. Against the order of the AO, Assessee appealed before the Ld. CIT(A), who vide her impugned order dated 31.12.2012 has dismissed the appeal of the assessee. Against the impugned order dated 31.12.2012, the assessee is in appeal before the Tribunal. 3. At the time of hearing, with regard to ground no. 1, Ld. Counsel for the assessee draw our attention towards the impugned order as well as the order of the AO and the documentary evidences filed by the assessee before the AO as well as Ld. CIT(A). He stated that AO as well as Ld. CIT(A) has not appreciated all the documentary evidences filed by the assessee for substantiating the claim of the assessee. He also draw our attention towards the relevant paragraphs of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the considered view that no doubt the assessee has filed all the documentary evidences for substantiating the claim in dispute before the AO as well as Ld. CIT(A). Ld. CIT(A) has also sought the Remand Report on the evidences filed by the assessee, but AO has not commented negatively in his Remand Report on the claim of the assessee. We are not commenting upon the merits of the case because this will prejudice the mind of the Ld. CIT(A) and in the interest of justice, we are of the considered view that the issues involved in the present appeal require reconsideration at the level of the Ld. CIT(A). Therefore, in the interest of justice, we are setting aside the issues mentioned in the grounds of appeal to the file of the Ld. CIT(A) wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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