2017 (8) TMI 227

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....thout considering the evidence attempted to be submitted in support of the pleas. Further, the CIT(A) erred in confirming the following additions made by the Assessing Officer:- i) Rs. 12,73,645/- on account of unsecured loss; ii) Rs. 55,11,479/- on account of fresh investment; and iii) Rs. 18,17,450/- on account of pro-rata disallowance of operational expenses. The dismissal of the appeal without considering the evidence sought to be filed is unfair and unjust and must be quashed. Also the additions as made are all misconceived, arbitrary, erroneous and unjust which must be quashed with directions for appropriate relief." 3. Facts of the case in brief are that the assessee was engaged in the ....

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....of the assessee had requested to AO for adjournment of ten days, as the questionnaire was too lengthy. AO had given the small adjournment of four days and again called on 15.11.2010. AR had requested and expressed his inability that it is not possible for him to prepare the case in such short dates but AO had refused to extend the adjournment. However, on 15.11.2010, again AR of the appellant met with AO and requested that kindly extend the hearing date finally for another five days. AO strictly refused adjournment. Also this fact has not been taken on records and the AO decided the case ex-parte. Hence, the findings and determinations as given by Ld. ITO in the order are not tenable and require to be quashed." 5. The assessee also furni....

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....opportunity of being heard was not afforded by the AO and even the additional evidences which go to the root of the matter although admitted by the ld. CIT(A) were not appreciated in right perspective because no finding has been given by the ld. CIT(A) in the impugned order on the additional evidences. He prayed to set aside the case back to the file of the AO for fresh adjudication. 8. In his rival submissions the ld. DR supported the orders of the authorities below and submitted that the AO gave full opportunity of being heard to the assessee and asked certain details by issuing the various notices but the assessee did not comply with. As such the AO had no alternative except to complete the assessment u/s 144 of the Act by making a re....