9911796707
TMI Blog2019 (7) TMI 1917X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment order has been passed. As per the facts noted by the High Court in the earlier paras of judgment (supra) and as per the facts of the case on hand, there appears to be no difference in facts and therefore by respectfully following this judgment in the case of Chandra Devi Kothari (Supra), we set aside the impugned order of learned CIT(A) for Assessment Year 2014-15 and restore the matters to the file of the AO for fresh decision with the same directions as were issued - Assessee appeal allowed for statistical purposes. - ITA No.698/Bang/2019 - - - Dated:- 3-7-2019 - SHRI JASON P BOAZ, ACCOUNTANT MEMBER For the Assessee : Shri. Prashanth G. S, CA For the Revenue : Shri. Priyadarshi Misra, JCIT ORDER This ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and details of the report of the Kolkata Investigation Directorate in which it is alleged that the assessee s share transactions (supra) were not genuine. It was submitted that neither the copy of the Report of the Kolkata Investigation Directorate relied on by the AO was made available to the assessee for rebuttal nor has the assessee been allowed cross-examination of the persons on the basis of whose statements and details based on which the authorities below have drawn adverse inference in the assessee s case. The learned AR submitted that under these facts, judgments of Hon ble Karnataka High Court rendered in the case of Chandra Devi Kothari in writ petition No.39370/2014 dated 2nd of Feb, 2015 (copy of which has been placed on recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opy of the statement based on which the impugned assessment order has been passed. 4.3.2 From the above Para 8 of the judgment of Hon ble Karnataka High Court in the case of Chandra Devi Kothari (supra) it is seen that matter was restored back to the file of the AO for fresh decision after providing copy of the statement and other related details relied upon by the AO; in this case copy of the Report of Kolkata Investigation Directorate and other attendant details. As per the facts noted by the High Court in the earlier paras of judgment (supra) and as per the facts of the case on hand, there appears to be no difference in facts and therefore by respectfully following this judgment in the case of Chandra Devi Kothari (Supra), I set asid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
