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TMI Blog2021 (12) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... o compliance and the A.O. had passed the order under section 144- HELD THAT:- In the totality of the facts and circumstances of the case and in the interest of justice, we deem it proper to restore the issue to the file of A.O. with a direction to give one more opportunity to the assessee to substantiate its case and decide the issue as per fact and Law. The assessee is also hereby directed to appear before the A.O. and substantiate its case without seeking any adjournment under any pretext, failing which, the A.O. is at liberty to pass appropriate order as per Law. The grounds raised by the assessee are accordingly allowed for statistical purposes. - ITA.No.8839/Del./2019 (Assessment Year 2011-2012) - - - Dated:- 24-9-2021 - SHRI R.K. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also not satisfied with the arguments advanced by the assessee and upheld the action of the A.O. by observing as under : 3. Aggrieved with such order of the Ld. CIT(A), the assessee preferred an appeal before the Tribunal by raising the following grounds : 1. That on the facts and circumstances of the case the Ld. CIT(A) has erred in not treating reassessment proceedings u/s 147 of the I T Act, as invalid, bad in law, unjust and contrary to the facts and law. 2. That on the facts and circumstances of the case the Ld. CIT(A) has made the addition of ₹ 5,00,075/- on the other ground then the reason stated u/s 147 / 148 of the I T Act. The Ld. CIT (A) has made the addition without verifying all the fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgin money etc. He submitted that after discussing the issue thoroughly, the Ld. CIT(A) has sustained the addition of ₹ 5,00,075/- only towards margin money, but, has deleted the addition of ₹ 4,74,280/-. Referring to provisions of Section 251(2), he submitted that as per the said provision the Ld. CIT(A) shall not enhance an assessment or a penalty or reduce the amount of refund unless the assessee has, on a reasonable opportunity of showing cause against such enhancement or reduction. He submitted that the Ld. CIT(A) has not given reasonable opportunity to the assessee before sustaining the addition of ₹ 5,00,075/- on account of margin money. Further no notice was served on the assessee by the A.O. He accordingly submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n money. It is also his grievance that notice was never served on the assessee from the side of the A.O. for which there was no compliance and the A.O. had passed the order under section 144 of the I.T. Act, 1961. Considering the totality of the facts and circumstances of the case and in the interest of justice, I deem it proper to restore the issue to the file of A.O. with a direction to give one more opportunity to the assessee to substantiate its case and decide the issue as per fact and Law. The assessee is also hereby directed to appear before the A.O. and substantiate its case without seeking any adjournment under any pretext, failing which, the A.O. is at liberty to pass appropriate order as per Law. I hold and direct accordingly. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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