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TMI Blog2021 (9) TMI 644X X X X Extracts X X X X X X X X Extracts X X X X ..... esh reconsideration of the entire matter after considering the reply/defence dated 30/3/2021 of the assessee's paper book or any other documents placed on record by the assessee. Needles to mention here that the ld. PCIT while reconsidering the entire matter and passing the order, appropriate opportunity of being heard be given to the assessee. Appeal of the assessee is allowed for statistical purposes only. - ITA No. 17/JP/2021 - - - Dated:- 8-9-2021 - Sandeep Gosain, Member (J) And Vikram Singh Yadav, Member (A) For the Appellant : S. L. Poddar, Adv. For the Respondents : B. K. Gupta, Pr. CIT-DR ORDER Per Sandeep Gosain, JM The present appeal has been filed by the assessee against the order of the ld. Pr. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A 69B of the IT Act, 1961. 2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic. 3. The brief facts of the case are that the assessee is a partnership firm. The assessee filed its return of income on 17/10/2016 declaring total income of ₹ 3,17,67,830/-. A survey was conducted at the business premises of the assessee firm on 10.12.2015. During the course of survey some incriminating documents were found and seized. The stock inventory was also prepared by the survey party. The survey party found some discrepancies in the loose papers and also in the stock as per stock register and as per stock inventory prepared by the survey team. During the course of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act and to be taxed u/s. 115BBE @ 30% without allowing for any deduction in respect of any expenditure or any allowance and passed the order U/s. 236 of the Act by setting aside the earlier assessment order and direct the AO to pass a fresh order in the light of observation made in the impugned order. 4. Now the assessee is in appeal before the ITAT on the grounds mentioned above. 5. At the very outset, during the course of argument, we noticed that the order U/s. 263 of the Act was passed on 30/03/2021 by the ld. PCIT-1, Jaipur wherein it has categorically mentioned in para No. 3 of the order that opportunity of being heard was given to the assessee but the assessee had not filed any reply in response to show cause notice U/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered at the time of pronouncement of order U/s. 263 of the Act. Therefore, considering the substantial justice, we restore the matter back to the file of ld. PCIT for fresh reconsideration of the entire matter after considering the reply/defence dated 30/3/2021 at page No. 40 to 51 of the assessee's paper book or any other documents placed on record by the assessee. Needles to mention here that the ld. PCIT while reconsidering the entire matter and passing the order, appropriate opportunity of being heard be given to the assessee. 8. Before parting, we may make it clear that our decision to restore the matter back to the file of ld. PCIT shall in no way be construed as having any reflection or expression on the merits of the dispute, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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