TaxTMI 
TaxTMI 
2019 (2) TMI 1900
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....itions made by the A.O. The Ld. CIT(A) failed to apply her mind to the facts of the case before dismissing the appeal of the assessee. 2. On the facts and in the circumstances of the case and in law the detailed submissions on the issues involved were explained in the statement of facts appended to Appeal Memo. The Ld. CIT(A) decided the appeal without application of mind. 3. On the facts and in the circumstances of the case and in law the Ld. CIT(A) was not justified in confirming the disallowance made by the A.O. invoking S.14A of the Act in spite of the fact that no exempt income was earned by the assessee. The disallowance of Rs. 51,812/-be deleted. 4. On the facts and in the circumstances of the case and in law the Ld.CIT(A) was ....
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....he Ld. CIT(Appeals) and the matter may be restored back to the file of the First Appellate Authority. 5. The Ld. DR conceded to the prayer of the Ld. AR of the assessee. 6. We have perused the case records and heard the rival contentions. We find that the order passed by the Ld. CIT(Appeals) is an ex-parte order. There was notice u/s.250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') issued on 19.12.2017 for compliance on 04.01.2018 which was duly received by the assessee as per acknowledgement of receipt placed on record. However, none complied in response to the same. Two more notices were issued on 19.04.2018 & 12.09.2018 which too remained un-complied with. Thereafter, the Ld. CIT(Appeals) decided the issue on the ....
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....bserved that all the repayments made in subsequent years were in cash, and kept below the limit of Rs. 20,000/-. As a sample, he has produced copy of ledger account of the party M/s.Arkay Industries at page 4 of the assessment order. This squaring off appeared to be unusual to the AO, and therefore in order to verify the same, he issued letters u/s.133(6) of the Act to 7 such parties seeking details regarding their transactions, as well as confirmation from them. However, except two parties, who accepted the credit balances, notices u/s.133(6) of the Act, sent to 5 parties, carne back un-served. When the AR of the appellant was confronted with the same, he stated that the appellant would contact them and furnish the information required by ....