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TMI Blog2024 (7) TMI 1094X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to the assessee, who has been saddled with liability of tax. Considering the same, only on humanitarian ground, we propose to show our interference for the limited purpose of remanding the present appeal back to the Tribunal for fresh decision on merits, after giving reasonable opportunity of hearing to the appellant assessee. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA Appearance: For the Appellant(s) No. 1 : Mr Sudhir M Mehta (2058). For the Appellant(s) No. 1 : Ms Shailee S Mehta (5873). For the Opponent(s) No. 1 : Mr. Varun K. Patel (3802). ORAL ORDER (PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA) 1. By way of this Tax Appeal under Section 260A of the Income-Tax Act, 1961 (for short the Act ) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? 2. Brief facts of the case can be stated as under : 2.1 The assessee is a company registered under the Companies Act. The assessee filed return of income for the Assessment Year 2012-13 on 29.9.2012 declaring total income of Rs. 1,03,146/-. 2.2 The case of the assessee was selected for scrutiny and thereafter, the respondent passed the assessment order under Section 143(3) of the Act dated 21.1.2015 by assessing the total income of the assessee at Rs. 80,57,150/- including the addition of Rs. 79,54,000/-, which is as under : (i) Addition on account of unexplained share capital of Rs. 25,00,000/- under Section 68 of the Act. (ii) Unexplained Unsecured Loan of Rs. 5,00,000/- u/s. 68 of the Act. (iii) Addition on account of unexplained inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case and having full opportunity and record so as to justify his case and thereby, if, on humanitarian ground, opportunity of hearing be provided by remanding the matter back to the Tribunal, that would meet the ends of justice. Accordingly, Mr. Mehta does not press the aforesaid substantial questions of law to be decided at this stage and only request to remand the case back to the Tribunal. 5. Per contra, learned Senior Standing Counsel Mr. Varun K. Patel for the Revenue has vehemently opposed the present appeal contending, inter-alia, that the decision of the Tribunal is well justified and on merits and thereby, no prejudice is caused to the present appellant and ultimately, prayed for dismissal of the present appeal. 5.1 Mr. Varun Pate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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