2019 (4) TMI 696

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....or the Applicant : Sh. Sanjeev Sapra, FCA For the Respondent : Sh. SL Anuragi, Sr. DR ORDER PER H.S. SIDHU, JM This Stay Application u/s 35A of the Income-tax Appellate Tribunal Rules, 1963 has been preferred by the assessee, seeking stay of balance outstanding demand in dispute. Ld. Counsel of the assessee has reiterated the reasons given in the Stay Application and also stated that o....

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....to produce the books of accounts on the next date of hearing and therefore, the exparte assessment order as passed u/s. 144(1) read with setion 145(3) of the Act is illegal as principles of natural justice had been violated. iii) That without prejudice to above grounds, the AO was not justified in rejecting the books of accounts u/s. 145(3) of the Act thereby making an addition of Rs. 3,2....

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....ass a speaking order, which is not sustainable in the eyes of law. Keeping in view of the facts and circumstances of the case, the issues involved in the main Appeal No. 5494/Del/2018 (AY 2014-15) are set aside to the file of the Ld. CIT(A) with the directions to decide the same afresh, in accordance with law after giving adequate opportunity of being heard to the assessee and pass a speaking orde....