2016 (11) TMI 1508

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....O R D E R PER D. KARUNAKARA RAO, AM: This appeal filed by the assessee on 14.1.2016 is against the order of the CIT (A)-53, Mumbai dated 24.9.2015 for the assessment year 2007-2008. 2. In this appeal, assessee raised seven grounds in toto and apart from other issues, they include certain legal issues viz correctness of the assessment order made u/s 143(3) r.w.s 153A of the Act and the dec....

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....y to be filed, there is no response from the assessee‟s side. Accordingly, the request for adjournment is rejected and we proceed to hear the case on the grounds raised before us. 4. Bringing our attention to the grounds no.4 and 6, it is submitted that the CIT (A) passed order without attendance of the assessee or any representation on behalf of the assessee. Therefore, there is a reques....

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..... 33,65,021/-. On the fact of it, the assessment order does not indicate any incriminating material / evidence in any form for this increased total income. Assessee declared an amount of Rs. 28,12,544/- as „short term capital gains‟ and claimed benefit of the provisions of section 111A of the Act relating to the „tax on short term capital gains‟ suo moto in certain cases. A....

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.... search action. However, this is the case where adjudication by the CIT (A) is done in the absence of the assessee or his representative. Considering the fairness of the requirement of the adjudication of issues involved, we are of the opinion, the grounds raised by the assessee in the appeal are required to be remanded to the file of the CIT (A) for fresh adjudication after granting a reasonable ....