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TMI Blog2022 (5) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... e captioned appeals being identical to the aforesaid case and as also requested by both the ld. representatives of the parties, the matter in these appeals is also restored to the file of the AO for de novo assessment in each case. - I.T.A. Nos. 1015 to 1017/Kol/2019, 1018 to 1020/Kol/2019 and 1023 to 1025/Kol/2019 - - - Dated:- 30-3-2022 - Shri Sanjay Garg, Judicial Member And Shri Rajesh Kumar, Accountant Member Smt. Ranu Biswas, Addl. CIT-DR, appeared on behalf of the Appellant Shri Bisweswar Ghosh, Advocate, appeared on behalf of the Respondent ORDER Per Bench The present nine appeals have been preferred by the Revenue against the separate orders all dated 19.02.2019 of the Commissioner of Income Tax (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee before Ld. CIT(A), whereas it was required that an opportunity should have been given to the assessing officer, therefore, CIT(A) has violated the provisions of Rule 46A of the Income Tax Rules. 5. That the appellant craves the leave to add, alter, modify, include or delete any grounds of appeal. 3. At the outset, the Ld. DR has submitted that these cases need to be restored to the file of Assessing Officer for de novo assessment. She has invited our attention to the impugned assessment orders as well as orders of the CIT(A) to submit that in these cases, during the assessment proceedings, the assessee could not furnish the books of accounts and supporting documents as the factory of the assessee at that time was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in its return of income. 2. On the facts and circumstances of the case, the CIT(A) erred in allowing expenses to the assessee while in re-computing the income of the assessee however the Ld. CIT(A) accepted that the assessee failed to prove any business activities carried out by the assessee. 3. On the facts and circumstances of the case, the CIT(A) erred to in re-computing the income of the assessee at Rs. 3,26,704/- instead of Rs. 1,84,07,598/-, being the highest figures derived from the three methods i.e. (i) Net Inflow of Money Method (ii) Peak in cash or Bank book (iii) Accretion to assets in the Balance Sheet however the Ld. CIT(A) accepted that the assessee failed to prove any business activities carried out by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the remand report is hereby reproduced hereinbelow: (9) The cases, Sir, are ones that involve substantial revenue. Given these circumstances, Sir, a through probe needs to be done. (Even the most basis probes could not be done during assessment stage as the assessee said that did not have records as his factory was sealed). (10) Sir, such probe needs time. Sir, I request you to consider the same. 5. Thereafter, another report dated 07.02.2019 was also sent by the Assessing Officer to the ld. CIT(A), however, the ld. CIT(A) did not get satisfied with the said report stating as under: 4. 4DC. Hardly any follow-up work worth mentioning seems to have been done post assessment during pendency of appeal. Having re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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