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Income Tax Appellate Tribunal, JODHPUR BENCH (SMC
Before: SHRI N.K. SAINI
per the partnership deed of the said firm, interest @ 12% on the opening
capital of Rs. 2,35,67,813/- i.e. Rs. 27,08,053/- was due to the assessee
and was assessable in assessee's hand but Assessing Officer did not
made the addition. Now the assessee is in appeal.
The Ld. counsel for the assessee submitted that the Ld. CIT(A)
had not given proper opportunity of being heard and also had not
considered the submissions of the assessee. It was further submitted that
if there was any intention of Ld. CIT(A) to enhance the addition, the
notice should have been given to the assessee and the opportunity was
also required to be given.
In his rival submissions, the Ld. Sr. DR supported the orders of
the authorities below.
I have considered the submissions of both the parties and carefully
gone through the material available on record. In the present case, it is
noticed that the assessee furnished the submissions on the proposed
enhancement which has been incorporated by the Ld. CIT(A) in para 5
of the impugned order. It appears that the said submissions had not
been appreciated in right perspective by the Ld. CIT(A) while enhancing
the addition. I, therefore, deem it appropriate to set aside this case back
to the file of the Ld. CIT(A) to be adjudicated afresh in accordance with
law after providing due and reasonable opportunity of being heard to
the assessee.
In the result, the appeal of the assessee is allowed for statistical
purposes.
(Order Pronounced in the Court on 06.05.2019)
Sd/- (N.K. SAINI) Vice President Dated : 06. 05.2019
“आर.के.” आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकरआयु�त/ CIT 4. आयकरआयु�त (अपील)/ The CIT(A) 5. �वभागीय��त�न�ध, आयकरअपील!यआ�धकरण, च$डीगढ़/ DR, ITAT, Jodhpur 6. गाड'फाईल/ Guard File
आदेशानुसार/ By order सहायकपंजीकार/ Assistant Registrar