ASHOK KUMAR,GURUGRAM vs. ITO WARD 1(3), GURUGRAM

At the very threshold of the matter, the Learned Counsel appearing for the assessee submitted before us that the addition was made by the Learned AO under Section 68 of the Act by an ex parte order on cash deposit made by the assessee. It was contended that the assessee is in the business of selling milk and majority of the sales is made in cash. In appeal, though sufficient documents were placed before the Learned CIT(A), these were not considered and addition finally was confirmed. Under these circumstances, the assessee further prays for an opportunity of being heard before the Learned AO in order to place the matter effectively in favour of the assessee, which with all his fairness the Learned DR has not objected.

Having heard the Learned Counsel appearing for the parties and having regard to the facts and circumstances of the case, we in order to prevent the miscarriage of justice find it fit and proper to quash the impugned order and remit the issue to the file of Learned AO for Ashok Kumar vs CIT. Asst.Year : 2017-18 - 3 - considering of the same afresh upon providing an opportunity of being heard to the assessee and upon considering the evidence on record or any other evidence which the assessee may choose to file at the time of hearing of the matter.

In the result, appeal of the assessee is allowed for statistical purposes.