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Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: SHRI A. MOHAN ALANKAMONY & SHRI V. DURGA RAO
आदेश /O R D E R
PER V. DURGA RAO, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Trichy, dated 29.11.2013 relevant to the assessment year 2008-09.
Facts in brief are that the assessee is a proprietor of M/s Karvin Interiors doing interior decorations on contract basis. The assessee had filed a return of income for the assessment year under consideration, on 30.09.2008 by declaring a total income of ` 7,45,840/-. The case of the assessee was selected for scrutiny and after due process, the A.O. has completed the assessment under Section 143(3) of the Income-tax Act, 1961 (in short 'the Act'). In the assessment order, the A.O. made an addition of ` 11,55,000/- on account of unexplained cash credit under Section 68 of the Act and an addition of ` 5,01,577/- on account of non-deduction of TDS and an amount of ` 30,11,373/- on account of long term capital gain. Before the A.O. the assessee has not filed any evidence. Therefore the A.O. assessed the total income of the assessee at ` 54,13,770/-.
2. Assessee carried the matter in appeal before the Ld. CIT(Appeals). The Ld. CIT(Appeals) confirmed the order of the Assessing Officer.
On being aggrieved, the assessee carried the matter before the Tribunal. At the time of hearing, the Ld.counsel for the assessee submitted that all the details are available in respect of the additions made by the A.O. Hence, one more opportunity may be given to the assessee to produce the same before the A.O.
On the other hand, the Ld. D.R. strongly supported the orders of the authorities below.
We have heard both sides and perused the records and gone through the orders of the authorities below. The additions were made by the A.O. and sustained by the Ld. CIT(Appeals) on account of non-production of necessary evidence before the authorities below. We find that in the interest of justice, one more opportunity should be given to the assessee to defend his case by producing all the necessary materials. Under these circumstances, we set aside the order passed by the Ld. CIT(Appeals). We direct the assessee to produce all the necessary evidence before the A.O.
On production of evidence, the A.O. is directed to decide the issue afresh in accordance with law after giving due opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on Friday, the 27th of February, 2015 at Chennai.