1986 (7) TMI 170

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....llowed to the assessee by the ld. AAC is objected to. These two appeals have been heard by us on the preliminary objections of the assessee that there was lack of reasonable opportunity of being heard at the stages below. The revenue, however, contended that the AAC has considered this contention taken up before him and rejected it. Therefore, there is no case made out by the assessee on this issue. We after careful consideration of the rival submission and perusal of the orders of the authorities below along with the relevant papers, find that the issue of lack of opportunity has not been disposed off by the AAC in accordance with law. We are therefore, setting aside the orders of the authorities below with the direction that the assessmen....

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.... and purchase vouchers. These were examined. The ITO, thereafter on2nd Jan., 1982issued summons someDelhiparties with the purpose of verification of purchase made by the assessee. On15th Jan., 1982as is apparent from the order sheet noting, one ofDelhiparties attended before the ITO and produced the books of account. On20th Jan., 1982, another party fromDelhiattended and produced the books of account. On1st Feb., 1982, the assessee attended in person in response to notice issued by the ITO under s. 142(1) of the Act on29th Jan., 1982and produced his books of account including cash book and ledger for the period1st April, 1980to31st March, 1981. At that point of time, the ITO exercising powers under s. 131(3) of the Act impounded the books o....

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....s. 80,000. As recorded earlier, the returned income shown by the assessee was Rs. 12,980. To this, the ITO added Rs. 35,000 as extra profit on suppressed sales and added further sum of Rs. 32,000 as unexplained investment of suppressed purchases. For coming to these conclusions, he relied upon the copies of the accounts obtained by him from theDelhiparties mentioned supra. These copies of accounts were not put to the assessee. These books of these parties were also allowed to be seen or scrutinised by the assessee. In other words, from the 8th March, 1982, when the ITO required the books of account of Jain & Company till 16th March, 1982, the opportunity given by the ITO in the first place on on 8th March, 1982 was for compliance on the nex....

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....ssessment. The ld. AAC thereafter disposed off this important issue, which goes to the very root of the assessment in just four lines as under: "6. Arguments and counter-arguments raised were carefully considered by me. After examining of the issue critically, I find no substance in assessee's arguments that the ITO made the assessment in haste. The first contention is rejected accordingly." 8. From the above, it is clear that instead of giving reasons as to how the ITO was justified in rushing through the assessment, the ld. AAC merely decided the issue by expressing his opinion that the ITO was right. If he had given reasons as to how the ITO was right, it would not be a case for the assessee to raise the Ground No. 1 which we are n....