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Income Tax Appellate Tribunal, DELHI BENCH ‘F’ NEW DELHI
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI L.P. SAHU
PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER The present appeal is preferred by the Department against the impugned order dated 30.5.2013 passed by the Ld. CIT(A)- XXIV, New Delhi wherein the Ld. CIT(A) has deleted additions of Rs. 79.64 lacs added u/s 68 of the Income Tax Act, 1961 and Rs. 3.00 lcas on an estimate basis.
At the outset, it was submitted by the Ld. AR in all fairness that the assessment was framed u/s 144 of the Act and that he does not have any objection to the issues being restored to the file of the Assessing Officer for a de novo consideration. The Ld. DR concurred with the submissions of the Ld. AR.
Accordingly, we restore both the issues for fresh adjudication to the file of the Assessing Officer with the direction that the assessee be afforded proper opportunity to present his case as well as the assessee is to extend all possible cooperation in the disposal of the case.
In the result, the appeal of the Department is allowed for statistical purposes.
Order pronounced in the Open Court on 29th April, 2016.