2013 (10) TMI 509

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.... Per Shamim Yahya: AM. This appeal by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-IX, New Delhi dated 29.8.2012 pertaining to assessment year 2003-04. 2. The grounds raised read as under:- 1. Looking into the facts and circumstances of the case and in law, the addition of Rs. 2,04,000/- under the head unexplained cash credit u/s. 68 is not ....

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....us and without jurisdiction and liable to be quashed and demand may be vacated. The Ld. CIT(A) has erred in sustaining such assessment order on illegal and untenable grounds. Hence, the assessment, as such, for lack of jurisdiction under section 147 may be quashed. 4. The under the facts and circumstances of the case and in law, the AO has erred in law as the statutory requirement of section 15....

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.... of the date of hearing. 3. In this case assessment was framed u/s 147 of the I.T. Act. In the assessment AO made addition on account of unexplained cash credit amounting to Rs. 2.04 lacs. The same consisted of bogus accommodation entry of Rs. 2 lacs and plus commission @ 2% thereon amounting to Rs. 4000/-. 4. Upon assessee's appeal Ld. CIT(A) confirmed the AO's action. 5. Against the abo....

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....that assessee has not cooperated before the Ld. CIT(A). She submitted that if the matter is being remitted to the file of the Ld. CIT(A), the assessee should be directed to cooperate in the hearing. 7. We have carefully considered the submissions and perused the records. On the facts and circumstances of the case, in our considered opinion, interest of justice will be served if the matter is re....