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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-21, Thane [in short CIT(A)], in appeal No. CIT(A)-21/DCIT-13(1)(2)/IT-308/2015-16 dated 15-09-2016. The Assessment was framed by the Dy. Commissioner of Income Tax, Circle-13(1)(2), Mumbai (in short ‘DCIT') for the A.Y. 2012-13 vide order dated 30-03-2015 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’).
The only issue in this appeal of assessee is against the order of CIT(A) confirming the addition of Rs. 86,86,550/- without giving proper and sufficient opportunity to establish its case. For this assessee has raised the following three grounds: -
“(I) On the facts and circumstances and in law the learned CIT(A) -21. Mumbai [referred as "CIT(A)"] erred in confirming addition of Rs. 86,86,550/- on account of estimated net profit without giving proper and sufficient opportunity to produce the books of accounts and other details required.
2) the facts and circumstances. Your Appellant prays that the alleged addition may be deleted.
(3) Alternatively, in the interest of natural justice. on the facts and circumstances Your Appellant prays that one more opportunity may be granted to produce the books of accounts as they could not be produced and explained due to the facts and circumstances beyond control."
At the outset, the learned Counsel for the assessee took us through the order of CIT(A) which is ex-parte order. It was claimed before us that the assessee could not file supporting documents during the assessment proceedings or even before CIT(A) during the appellate proceedings because all the documents have been seized by CBI and Economic Offence Wing (EOU) and the entire basis of addition i.e. estimation of income is based on the entries recorded in the books of accounts. He also took us through the assessment order and the order of CIT(A) which is without any basis and a non-speaking order. The learned Counsel for the assessee pleaded that if one more opportunity is given to the assessee in the interest of natural justice to produce the books of accounts, now as they have taken the copies of the same. On query from the Bench the learned Sr. Departmental Representative fairly stated that the issue can be remitted back to the file of the CIT(A).
After hearing both the sides and going through the facts and circumstances of the case, we set aside the orders of the CIT(A) and restored the matter back to the file of the CIT(A) for fresh adjudication after allowing reasonable opportunity of being heard to the assessee. Needless to say that the assessee will file complete details as he has undertook before us that all the details are now available with him. Accordingly, the matter is restored back to the file of the Assessing Officer.
In the result, the appeal assessee is allowed for statistical purposes.
Order pronounced in the open court on 31-05-2018. AadoSa kI GaaoYaNaa Kulao mao idnaMk 31.05.2018 kao kI ga[- .