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Income Tax Appellate Tribunal, Delhi Bench “SMC”, New Delhi
Before: SHRI N.K. SAINI
O R D E R N.K. SAINI, A.M:
This is an appeal by the assessee against the order dated 28.03.2018 of the learned CIT(A), Ghaziabad. Following grounds have been raised in this appeal:- “1. The Ld. Assessing Officer was erred in taking share of the assessee at 9.5% instead of 7.5%.
2. That the Ld. Assessing Officer was erred in making an addition of Rs. 3,13,170/- on account of unexplained source of investment.
3. That the Ld. Commissioner of Income Tax (Appeals) was erred in not taking into consideration the order of Ld. Assessing Officer Ward-3(1), Bulandshahr who has taken the share of co-partner at the rate of 7.5%.
4. That the order of the Ld. Commissioner of Income Tax (Appeals) and Ld. Assessing Officer Ward-3(3), Bulandshahr is against law and facts and facts of the case and based on surmises and conjecture.
Facts of the case in brief are that the AO on the basis of AIR information issued notice under section 148 of the Income Tax Act, 1961 to the assessee. In response the assessee filed the return of income on 27.5.2016 declaring an income of Rs. 40,000/-. The AO, however made the addition of Rs. 3,13,170/- by observing that the assessee failed to explain the exact source of investment and also could not produce any supportive material. Being aggrieved the assessee carried the matter to the learned CIT(A) who dismissed the appeal by passing the ex parte order.
Now the assessee is in appeal. 4. The learned counsel for the assessee submitted that the learned CIT(A) passed an ex parte order without providing due and reasonable opportunity of being heard. Therefore, the matter may be restored to the learned CIT(A). In his rival submissions, the learned Sr. DR supported the impugned order passed by the learned CIT(A). 5. I have considered the submissions of both the parties and perused the material available on the record. In the present case, it is noticed that the learned CIT(A) mentioned in para 4.1 of the impugned order that the case was fixed for hearing on 19.3.2018 and the assessee filed adjournment application, the case was adjourned to 26.3.2018. However, it is not clear as to whether the said date of hearing was communicated to the assessee. I, therefore, deem it appropriate to remit this case back to the file of the learned CIT(A) to be decided afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. 6. In the result, appeal of the assessee is allowed for statistical purposes.
(Order pronounced in the open court on 09.10.2018.)