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Income Tax Appellate Tribunal, DELHI BENCH ‘B’ : NEW DELHI
Before: SHRI KULDIP SINGH & SHRI A.N.MISSHRA
PER KULDIP SINGH, JUDICIAL MEMBER :
Appellant, Dy. Commissiner of Income –tax, Ghaziabad (hereinafter referred to as ‘the revenue’), by filing the present appeal sought to set aside the impugned order dated 24.12.2014 passed by the Commissioner of Income-tax (Appeals)-, Ghaziabad for the assessment year 2011-12 on the grounds inter alia that :-
That in the facts and circumstances of the case, the CIT (A) has erred in law and on facts in granting relief inspite of the fact that the CIT(A) has himself in Para 5.1 opined "Best judgement under the given circumstances is held to be valid".
That in the facts and circumstances of the case, the Ld. CIT(A) has erred in law and on facts in restricting the addition of Rs. 1,49,739/- out of total addition of Rs. 2,99,47,859/-, resulting deletion of Rs. 2,97,98,120/- by accepting the trading trends of the assessee without appreciating that assessee neither produced any books of accounts, bills / vouchers nor attended the assessment proceedings, though CIT(A) upheld the assessment u/s 144 as valid.
3. That in the facts & circumstances of the case, the Ld. CIT(A) has erred in law and on facts in deleting the addition of Rs. 2,97,98,120/- without affording any opportunity of examination of the books of accounts as well as trading result with reference to the bills / vouchers and also genuineness of expenses claimed in the P & L A/c in the remand report.
4. That in the facts & circumstances of the case, the Ld. CTT(A) has erred in law and on facts, in deleting the addition without appreciating the fact that assessee was neither prohibited to submit the books of accounts nor document, though assessee was frequently asked to substantiate trading results as well as other points.
The appellant craves leave to modify / amend or add any one or more grounds of appeal
6. That the order of the Ld. CIT(A) being erroneous in Law and on the facts deserved to be set aside and the order of the AO be restored
Briefly stated that facts necessary for adjudication of the 2. controversy at hand are : the revenue has challenged the deletion of Rs. 2,97,98,120/- by restricting the addition to Rs. 1,49,739/- by accepting the trading trends without affording an opportunity to examine the books of accounts as well as trading results.
We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case.
At the very outset it is brought to our notice by the Ld. Authorised Representatives of the parties to the appeal that against the impugned order both assessee as well as revenue had filed the Cross appeals and the co-ordinate bench of the Tribunal has vide order dated 27.02.2018 passed in set aside the appeal to the AO to decide afresh after hearing the party. In these circumstances, we have no option but to set aside the present appeal filed by the revenue also emanated from impugned order dated 24.12.2014 passed by CIT(A), to the Assessing Officer to decide afresh by providing an opportunity of being heard to the assessee. Consequently appeal filed by the revenue is allowed for statistical purposes. Order pronounced in open court on this 14th Day of December, 2018.