ASHOK P. SHAH,MUMBAI vs. ITO 14(2)(1), MUMBAI

स्थधमी रेखध सं./जीआइआय सं./PAN/GIR No. :AKMPS5481P अऩीरधथी ओय से / Appellant by: Ms Keyuri Desai प्रत्मथी की ओय से/Respondent by Shri A Ramchandran सुनवधई की तधयीख / Date of Hearing : 27.7.2016 घोषणध की तधयीख /Date of Pronouncement : 29.7.2016 आदेश / O R D E R

Per RAJESH KUMAR, Accountant Member:

is against the confirmation of addition of Rs.27,45,000/- by the ld. CIT(A) as made by the AO under section 69 of the Income Tax Act, 1961 as unexplained investment in violation of principle of natural justice.

3. At the outset, the ld. Counsel of the assessee pointed out that the identical issue in the preceding assessment year i.e. assessment year 2008- 09 has been restored to the file of the ld.CIT(A) for adjudication denovo by the decision of Co-ordinate Bench of the Tribunal in assessee’s own case in (AY-2008-09) dated 19.1.2016.

4. The ld. DR also fairly agreed with the submissions of the ld.AR.

5. We have carefully considered the rival submissions and perused the material placed before us including the orders of authorities below and relied upon by the assessee. We find from the decision of co-ordinate Bench vide order dated 19.1.1996 passed in ITA No.6828/Mum/2011(AY-2008-09), has restored the issue to the file of ld. CIT(A) to decide the same afresh in accordance with law under identical facts. In this case also, following the decision of the Co-ordinate Bench, we restore the matter back to the file of AO for adjudication denovo after giving reasonable opportunity of the assessee. The assessee is also directed to co-operate with the ld. CIT(A) for speedy disposal of the case.