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2011 (12) TMI 793

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..... taken up nine grounds as under: - 1. That the reassessment proceedings made by the ld. AO u/s 148/143(3) is bad in law and on the facts of the case. 2. That on the facts of the case and in law the ld. AO erred in making addition of Rs. 4,42,500/- in the income of the assessee as unexplained cash credit on the basis of mere conjectures and surmises, overruling all the possible evidences produced b .....

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..... or which reasons were recorded was fully refuted to the satisfaction of the AO. 6. That on facts of the case and in law the ld. AO has erred in not giving an opportunity to examine the contents of letter submitted by the director of M/s Ojswi Trades Investment Finance Limited (Investee Company) even on specific written request of the assessee. 7. That on the facts of the case and in law the ld. AO .....

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..... s finally heard or is disposed off. 2. The appeal was fixed for 30.03.2011. The ld. Counsel for the assessee filed the paper book in the court and a copy thereof supplied to the ld. Sr. DR. The case was adjourned to 27.06.2011. The Bench could not function on this date. Consequently, a notice dated 10.10.2011 was issued fixing the appeal for hearing on 22.12.2011. Nobody appeared on behalf of the .....

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..... t the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference. 3. In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/ap .....

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