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TMI Blog2022 (3) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... nces and details furnished by the assessee. The director/directors of the assessee-company shall make themselves available before the Assessing Officer, if so required by the Assessing Officer, relating to any queries in relation to the aforesaid transactions. With the above directions, the matter is restored to the file of the Assessing Officer for de novo assessment. Appeal of the assessee is treated as allowed for statistical purposes. - I.T.A. No. 64/Kol/2018 - - - Dated:- 7-2-2022 - Shri Sanjay Garg, Judicial Member And Shri Rajesh Kumar, Accountant Member Shri S. M. Surana, Advocate, appeared on behalf of the appellant Shri Sallong Yaden, Addl. CIT-DR, appeared on behalf of the respondent ORDER Per Sanjay Garg, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re applicants u/s. 133(6) by the Ld. A.O. were duly served and complied with by filing details and documents as called for by the Ld. A.O. 5. For that the Ld. CIT(A) erred in confirming the addition made u/s. 68 merely for the reason that the summons u/s. 131 were remained un-complied with whereas in fact no summons u/s. 131 were issued to the share applicants. 6. For that the Ld. CITA) erred in confirming the assessment order passed by the Ld. A.O. which was passed in haste without providing the appellant sufficient opportunity of being heard. 7. For that the assessee craves leave to add, alter or withdraw any ground/s of appeal before the hearing of the appeal. 2. At the outset, the Ld. Counsel for the assessee invited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red by the Assessing Officer, Directors of the assessee company shall appear before the Assessing Officer. He, therefore, has submitted that the matter be restored to the file of the Assessing Officer for proper enquiries and investigations. 3. The Ld. DR, on the other hand, has relied upon the findings of the lower authorities and submitted that since the director of the company did not comply with the notices issued u/s. 131 of the Act, therefore, the Assessing Officer was justified in treating the aforesaid transactions as not genuine. 4. We have considered the rival submissions of the Ld. representatives of the parties. As contended by the Ld. Counsel for the assessee that, in this case, the additions have been made by the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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