2014 (7) TMI 836

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....nciples of natural justice either during the course of the assessment proceedings of during the course of the remand proceedings. 2. The learned Commissioner of Income-tax (Appeal) has erred in law and in facts in not determining the income based on the final books of account thereby confirming the manner of determination of income by the Assessing Officer. The Learned CIT (A) ought to have accepted book results show by the appellant. 3. The Learned Commissioner of Income-tax (Appeal) has erred in law and in facts in not appreciating that the correct quantity of purchase and sale of shares should be adopted while determining the income of the Assessing Officer. 4. The Learned Commissioner of Income-Tax (Appeals) has erred in law an....

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....Appeals) has erred in law and in facts in confirming the addition of Rs. 2,52,075/- on account of profit from sunrise enterprise. 10. The Learned Commissioner of Income-tax (Appeals) has erred in law and in facts in confirming the disallowance of deduction on account of interest expenditure claimed by the appellant. 11. The Learned Commissioner of Income-tax (Appeals) has erred in law and in facts in not granting set off of addition on account of source against the application of such source based on telescoping theory. 12. The Learned Commissioner of Income-tax (Appeals) has erred in law and in facts in confirming the levy of interest u/s234A and 234B of the Act. 13. The appellant craves leave of your Honour to add to, alter, a....

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....further argued that the main order was passed in case Smt. Pratima H. Mehta, in ITA No. 4671/M/2003 for assessment year 1992-93 vide order dated 23.02.05. by which the assessing Officer was directed to supply the material on which basis the addition were made and allowed an adequate opportunity to the assessee. This order of the tribunal was followed in case of assessee and on the basis of the order income of Mrs. Pratima H. Mehta, the matter was sent to the file of the AO to pass a fresh assessment. Attention of the bench was drawn on copies of the orders which are placed on record. Accordingly it was requested that the matter should be sent back to the file of the AO to consider the books of accounts of the assessee and the material on wh....