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Income Tax Appellate Tribunal, DELHI BENCH “G”: NEW DELHI
Before: SHRI VIJAY PAL RAO & SHRI O.P.KANT
O R D E R
PER VIJAY PAL RAO, JM
This appeal by the assessee is directed against the order dated 08.08.2013 of ld CIT(A)-X, New Delhi for the Assessment Year 2004-05.
The assessee has raised the following grounds:- “
1. That in the facts and circumstances of the case, the Learned CIT(A) has erred in confirming the initiation of proceeding u/s 148, as there was no application of mind on the AO’s part, in the initiation of such proceedings.
2. That in the facts and circumstances of the case, the Learned CIT(A) has erred in confirming an addition made by AO’s u/s 68 of the Income Tax Act of Rs.49,80,000/- on account of Share Application Money.
3. That in the facts and circumstances of the case, the Learned CIT(A) has erred in confirming an addition made by AO’s u/s 68 of the Income Tax Act of Rs.7,13,143/- on account of Unsecured Loan.”
We have heard the heard both the parties and have considered the relevant material on record. At the outset we note that the AO issued a notice u/s 143(2) on 18.01.2011 by fixing the date of hearing of the matter on 28.11.2011. The ld AR of the assessee has submitted that this notice dated 18.11.2011 was received by the assessee only on 1st December 2011, whereas the AO has already passed the impugned assessment order on 30.11.2011 and therefore, the assessee was not given an appropriate opportunity of hearing by the AO before passing the