GORDHANBHAI POPATBHAI MORADIYA,SURAT vs. THE INCOME TAX OFFICER, WARD-1(10), BHAVANAGAR

आदेश/ORDER

taken by the assessee are as under:-

1. On the facts and circumstances of the case as well as law on the subject, learned officer has erred in reopening of assessment u/s 147 of the Act, 1961.

2. On the facts and circumstances of the case as well as law on the subject, learned assessing officer as well as learned appellate authority has erred by not providing reasonable opportunity of being heard to the appellant.

3. On the facts and circumstances of the case as well as law on the subject, learned officer has erred in making addition of Rs. 15,00,000/-as unexplained income on account of accommodation entry received during the period u/s. 68 of the I.T. Act.

4. On the facts and circumstances of the case as well as law on the subject, learned officer has erred in invoking provisions of Sec 115BBE of the Act and thereby taxing entire unexplained money at 60% and levying surcharge at 25% which is not applicable on above addition.

3. At the outset, the ld. counsel for the assessee has fairly submitted that the assessee could not attend or file the required details before the revenue authorities owing to the portal problems. It was pleaded given an opportunity due compliance would be made before the revenue authorities. Ld. D.R. fairly agreed to the proposal that the matter needs to be looked into by the Assessing Officer in toto. Hence, in the interest of justice, the matter is referred to the Assessing Officer to initiate assessment proceedings de-novo pass an order after affording an opportunity of being heard to the assesee.