2021 (8) TMI 855

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... orities. Considering the totality of facts of the case and in the interest of justice, we deem it proper to restore this issue to the file of the learned CIT(A) with a direction to grant one final opportunity to the assessee to substantiate its case by filing requisite details and the learned CIT(A) shall decide the issue as per fact and law. Appeal filed by the assessee is allowed for statistical purpose - ITA No. 5611/DEL/2016 - - - Dated:- 9-8-2021 - SHRI R. K. PANDA , ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER Assessee by : Sh. V.K. Tulsian , Adv. Revenue by : Sh. E.V. Bhaskar , Sr. DR ORDER PER R.K. PANDA, AM, This appeal filed by the assessee is directed against the order dated 28.02.2014 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ly, the Authorized Representative of the assessee appeared before the AO and filed certain details. During the course of assessment proceedings, the AO asked the assessee to substantiate with evidence to his satisfaction regarding the receipt of share application money amounting to ₹ 30,03,390/- from various parties by proving the identity and creditworthiness of the share applicants and genuineness of the transactions. In absence of any satisfactory explanation given by the assessee, the AO, invoking the provisions of section 68 of the Act, made addition of ₹ 30,03,390/- to the total income of the assessee. 4. Since, the assessee did not appear before the learned CIT(A) despite number of opportunities granted, the learned CI .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Appellant even if neither fresh statement recorded during assessment proceedings nor a opportunity provided to appellant to cross-examination the same. 6. The learned counsel for the assessee at the time of hearing submitted that in the interest of justice, the assessee should be given an opportunity to substantiate its case since there was no proper representation made before the learned CIT(A). 7. The learned DR on the other hand heavily relied on the order of the AO and the CIT(A) and submitted that despite number of opportunities granted, the assessee did not avail of the opportunities, therefore, the order of the learned CIT(A) should be upheld and the appeal filed by the assessee should be dismissed. 8. We have heard the r .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X