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2021 (10) TMI 1243

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..... of the assessee but the main contention that due to some unavoidable circumstances, voluminous documents and paper book were not filed before the AO, was not considered. Keeping in view of the facts and circumstances of the case as explained above, we are of the considered opinion that the orders passed by the Revenue Authorities are against the principle of natural justice and, therefore, the issues involved in the Appeal filed by the assessee deserve to be set aside to the file of the AO to decide the same afresh, under the law, after detailed enquiry/investigation/verification of the each and every evidence. The AO is directed to pass denovo assessment order after allowing proper opportunity to the assessee. AO is also directed to .....

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..... ,800/- on the basis of seized documents of third party cannot be construed as unexplained money of the appellant and hence arbitrary and bad in law. 3. Addition of ₹ 1,50,000/- on the ground of unexplained cash credit u/s. 68 in respect of amount credited to our HDFC Bank Limited in the course of business operation is without basis and illegal. 3. Briefly stated facts of the case are that a search and seizure operation u/s. 132 of the I.T. Act was conducted in the office premises and residential premises of the Orisons Group of Companies on 11.4.2012 as well as in the case of the assessee. During the course of search, some incriminating documents, books of account, etc, were found and seized. As the assessee did not comply w .....

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..... submitted that if an opportunity is given, the assessee will furnish all the required documents as called for by the Assessing Officer to make a fresh assessment after hearing the assessee and all relevant documents to be furnished before him. 6. Replying to above, ld CIT DR dutifully supported the orders of lower authorities but did not object to remit the matter back to the file of the AO for a denovo assessment. 7. We have heard the rival submissions and perused the record of the case. In this case, a search and seizure operation u/s. 132 of the I.T. Act was conducted in the office premises and residential premises of the Orisons Group of Companies on 11.4.2012 as well as in the case of the assessee. During the course of search, so .....

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..... submission of the assessee but the main contention that due to some unavoidable circumstances, voluminous documents and paper book were not filed before the AO, was not considered. Keeping in view of the facts and circumstances of the case as explained above, we are of the considered opinion that the orders passed by the Revenue Authorities are against the principle of natural justice and, therefore, the issues involved in the Appeal filed by the assessee deserve to be set aside to the file of the AO to decide the same afresh, under the law, after detailed enquiry/investigation/verification of the each and every evidence. The AO is directed to pass denovo assessment order after allowing proper opportunity to the assessee. The AO is also dir .....

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