TaxTMI 
TaxTMI 
2017 (6) TMI 826
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....ing evidence was furnished by the assessee ignoring the direction of the Tribunal in its order dated 11/12/2008, more specifically, when the Tribunal did not dispute the books of accounts were destroyed in flood and permitting the assessee to file audited balancesheet/ profit & loss account, obtained by the assessee from the auditor to substantiate its claim. 2. During hearing, Shri Rahul Hakani, Ld. counsel for the assessee, advanced arguments, which is identical to the ground raised by inviting our attention to various pages of the paper book. It was pleaded that pursuant to the direction of the Tribunal, the necessary documents were duly placed before the Assessing Officer, which were ignored by him. Our attention was further invited to....
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.... first innings, the issue of addition of Rs. 4.15 lakhs was set aside by the Tribunal to the file of the Assessing Officer for fresh decision after allowing an opportunity of being heard to the assessee, in ITA No.4936/M/95 dt.24.3.04. The Ld. Counsel for the assessee submitted that thereafter in July, 05 there were un-precedented floods in Mumbai and the entire record of the assessee was lost in the floods and therefore, the assessee could not produce the requisite evidence before the Assessing Officer at the time of fresh assessment being framed in accordance with directions of the Tribunal. However, The Ld. Counsel for the assessee submitted that with much efforts, the assessee was able to get the audit report and other evidence from its....
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....liar facts of the case it shall be in the interest of the justice to allow the assessee one more chance to lead evidence in support of its case before the-revenue authorities. Accordingly, the order of the CIT(A) is set aside to its file v.ith direction to pass a denovo appellate order in accordance with law after providing reasonable opportunity of hearing to the parties. The assessee shall be at liberty to lead the evidence in support of its case regarding the genuineness of the entry with regard to M/s Jade Investment and Leasing Pvt. Ltd. We direct according. 4. In the result, the appeal of the assessee is allowed for statistical purpose only." 2.2. Pursuant to this direction of the Tribunal, the assessee approached the office of t....