HEMANT KUMAR GODARA,MUMBAI vs. JT CIT (OSD) 15(1), MUMBAI

The appeal numbered as 3457/Mum/2014 relates to quantum assessment proceedings and appeal numbered as 3458/Mum/2014 relates to penalty proceedings.

We heard the parties and perused the record. At the time of hearing, the ld.AR did not press the ground No.1 urged in the quantum assessment. Therefore, the same is dismissed as not pressed. 4. The ld.AR submitted that the grounds No.2, 4 and 5 are covered by the order of Tribunal passed in in the assessee’s own case for assessment year 2004-05. With regard to ground No.3 relating to cash credit addition of Rs.1,10,775/-, the ld. AR submitted that the assessee has furnished necessary details before the ld. CIT(A) but they have not been examined properly. 5. On the contrary, the ld DR submitted that all the issues may be restored to the file of the AO in order to examine about the applicability of order passed by the Tribunal in assessee’s own case for the assessment year 2004-05 and also for examining the documents relating to cash credit afresh. 6. Having considered the rival contentions, we are of the view that all the issues referred above need to be examined afresh at the end of the AO in the light of the order passed by the Tribunal in assessee’s own case for the assessment year 2004-05 (referred supra) and also by considering the documents relating to cash credit addition. Accordingly, we set aside the order of Ld CIT(A) and restore all the matters referred above to the file of the AO with the direction to examine the same afresh by duly considering the information and explanations that were already filed before the AO and any other information that may be filed by the assessee before him in the set aside proceedings. The assessee is also directed to