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TMI Blog2021 (9) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) allowed the appeal of the assessee without addressing the issues raised by the AO in his order. Therefore, considering the totality of the case of the case, we remit the issue back to the file of the AO with a direction to decide the appeal taking into consideration the observations of the CIT(A) and contentions of the assessee before the CIT(A) as well as before him in accordance with law after providing reasonable opportunity of hearing to the assessee - Appeal of the revenue is allowed for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee during the course of appellate proceedings. 5. Any other ground that may be urged at the time of hearing." 2. Briefly the facts of the case are that the assessee is a private limited company engaged in the business of trading in steel. However, it is observed from the details available on record that the assessee had stopped carrying on the business since past ten Years, and, therefore, categorized as a defunct company· Further, the assessee did not file any return of income for the impugned AY 2009-10 either within the due date stipulated u/s. 139(1) of the Act, or belatedly u/s. 139(4) of the Act. 2.1. In the meanwhile, the AO initiated proceedings u/s. 148 of the Act, and issued notice u/s. 148 of the Act dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the submissions of the assessee and analysing the case with case law allowed the appeal of the assessee by holding that the impugned addition made by the AO to the extent of ₹ 1,74,20,000/- has no legs to stand and accordingly directed the AO to delete the addition. 6. Aggrieved by the order of CIT(A), the revenue is in appeal before the ITAT. 7. Before us, the ld. DR submitted that the assessee has not carried any business activity for the past 10 years, but, the cash has been deposited into the assessee's bank account. He further submitted that the CIT(A) was not justified in allowing the appeal of the assessee without any cogent material for proving genuineness of the transactions in the bank statement of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the AO to provide the assessee the details of information and nature of additional income detected, for his comments and rebuttal, if any. Also, it is well settled legal position that no material can be used against the assessee unless, he is confronted with such material and given an opportunity to rebut the same. Further, in a case, any evidence is used against the assessee without confronting the same to the assessee, such action of the AO can be rendered as illegal, and therefore, any addition made thereof, cannot be sustained in the eyes of the law. 7.15 In the instant case, it is an admitted fact that the AO has not followed this settled position of law. On the other hand, the AO had actually insisted the assessee to furnish the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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