2020 (1) TMI 1461

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....eal by the assessee is preferred against the order of the Ld. Commissioner of Income Tax [Appeals]-1, Gurgaon dated 12.11.2018 pertaining to assessment year 2009-10 on the following grounds:- 1. That on the facts and circumstances of the case and law on the point, the exparte assessment order passed by AO u/s. 144 of the Income Tax Act, 1961 dated 05.12.2011 is void-ab-initio as it is not....

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....return filed by the appellant and did not take the correct figures while processing the computation of income. 5. That on the facts and circumstances of the case and law on the point, AO has erred in disallowing the deduction of Rs. 2,84,679/- on account of interest on borrowed capital claimed u/s. 24(b) of the Income Tax Act, 1961 and Ld. CIT(A) has also erred in confirming the same. ....

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....nce, the same are not repeated here for the sake of convenience. 3. At the time of hearing Ld. Counsel for the assessee stated that AO as well as Ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating his claim before them. She only requested that the issues raised vide ground no. 4 to 7 in this Appeal require thorough investigation and examination at the level of th....

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.... that AO as well as Ld. CIT(A) has not given sufficient opportunity to the assessee for substantiating his claim before them. I further find force in the contention of the Ld. Counsel for the assessee that ground no. 4 to 7 raised in this appeal require thorough investigation and examination at the level of the Assessing Officer. Hence, in the interest of justice, I set aside the ground no. 4 to 7....