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2021 (10) TMI 211

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..... sue is remitted back to the AO to decide afresh after providing adequate opportunity of being heard to the assessee. So, ground is determined in favour of the assessee for statistical purposes. Interest income of the assessee - addition after noticing from 26AS details of Individual Transaction statement of the assessee company which shows that assessee received interest - assessee contended that he has brought on record the entire details viz. P L account with Form 3CD, audited balance sheet, bank statements, which is evident form assessment order, as well as before the ld. CIT(A), but no cognizance has been taken of the documents - HELD THAT:- Since all these documents are required to be examined by the AO, this issue is also remitte .....

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..... That the CIT(A) failed to appreciate the submissions and production of evidence of transaction w.r.t. Sundry Trade Creditors and maintained the difference in Opening and Closing Balance of suppliers as income of the assessee as ₹ 86,71,196/-. The observation and addition are illegal and deserves to be set aside. 4. That, the CIT(A) failed to appreciate the fact that the assessee made donations and paid through cheques to charitable institution and also submitted information of the recipient society and CIT(A) has upheld the addition. 5. Further the CIT(A) erred in law and fact and upholding the addition of Interest Income amounting ₹ 70,762/- received from M/s. Intec Securities as appearing the Income and Expenditure .....

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..... . 148/144 at an income of ₹ 1,63,73,063/-. 4. Assessee carried the matter before the ld. CIT(A) by way of filing appeal who has partly allowed the same. Feeling aggrieved, the assessee has come up before the Tribunal by way of filing the present appeal. 5. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. GROUNDS NO. 1, 2 4 6. Ground No. 1, 2 4 are dismissed having not been pressed during the course of arguments. GROUND NO. 3 7. AO made addition of ₹ 86,71,196/- being the income from undisclosed sources on the ground that deta .....

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..... urse of appeal proceedings the appellant has submitted that ....the parties are such where even the confirmation are not readily available being old records.... In this situation there is no choice but to uphold the action of assessing officer. The addition of Rs.,87,71,196/- on account of Sundry Creditors is accordingly confirmed. are cryptic and we are unable to comprehend if the issue canvassed before the ld. CIT(A) was discussed and decided in right earnest. 11. In these circumstances, we are of the considered view that when the entire detail was brought on record by the assessee during the first appellate proceedings, though assessee was negligent in appearing before the AO, adequate opportunity of being heard is required to be g .....

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