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TaxTMI 
TaxTMI 
TaxTMI 
2021 (9) TMI 508
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..../2013, the assessee has raised the following grounds of appeal:- "1. On appreciation of the facts and circumstances of the case the Learned Commissioner of Income Tax (Appeals) has erred in passing the appellate order without granting the appellant an opportunity of being heard. The action of the Learned Commissioner of Income Tax (Appeals) is contrary to the facts and circumstances of the case and prejudicial to the appellant. 2. On appreciation of the facts and circumstances of the case the Learned Commissioner of Income Tax (Appeals) has erred in confirming the action of the Learned Assessing Officer in making addition of Rs. 1,66,300/- on account of depreciation. The action of the Learned Commissioner of income Tax (Appeals) is contrary to the facts and circumstances of the case and law and deserves to be deleted. 3. On appreciation of the facts and circumstances of the case the Learned Commissioner of Income Tax (Appeals) has erred in confirming the action of the Learned Assessing Officer in making addition of Rs. 11,95,000/- out of share application money treating the same as income from undisclosed sources. The action of the Learned Commissioner of Income Tax (Appeals)....
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....the assessment order as well as the order of CIT(Appeals) have been passed in gross violation of principles of natural justice as no adequate and reasonable opportunity was provided to the Assessee." Ground 13: "That in view of the facts and circumstances of the case, the assessee was not given reasonable opportunity to present its case and the additions have been made in a hurried manner and against the principles of natural justice." Ground No.14: "That, without prejudice, in view of the facts and circumstances of the case, the Assessee was also prevented buy reasonable and sufficient cause for not producing relevant documents/evidences/material and details before the AO." In ITA No.2422/AHD/2016, the assessee has raised the following ground grounds:- "01. The order imposing penalty U/s 271(1)(c) of the Act is contrary to the facts of the case and prejudicial to the Law. The appellant company has neither concealed its income nor submitted any inaccurate particulars of income and the action of the Learned Commissioner of Income Tax (Appeals) is contrary to the facts of the case and law and deserves to be deleted. 02. On appreciation of the facts and circumstances of the c....
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....o that extent total taxable income has been determined at nil. The assessee is eligible for deduction under section 80IB of the Act. The loss should be notional carried forward and to be set off against the profits of the industrial undertaking as per the provisions of section 80IA(5) of the Act. On the basis of aforesaid observation, the Assessing Officer was of the view that income of more than Rs. 1.00 lakh has escaped assessment within the meaning of section 147 of the Act. The Assessing Officer also obtained necessary approval under section 152(2) of the Act for initiation of action under section 147 of the Act vide order dated 18.10.2010. 4. During the assessment, the Assessing Officer issued show cause notice that the assessee has received share capital amounting to Rs. 7.31 crores (comprising share application money of Rs. 11.95 lakh and share capital of Rs. 7,19,60,000/-) no confirmation with regard to share capital has been furnished in absence of any evidence with regard to genuineness and creditworthiness of the transactions, the assessee was asked as to why the amount should not be treated as unexplained cash credit within the meaning of section 68 of the Act. The Ass....
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....ciation. 5. On appeal, the action of Assessing Officer was confirmed by Ld. Commissioner of Appeals [CIT(A) for short]. The Ld. CIT(A) confirmed the order of Assessing Officer that in ex parte order. The ld. CIT(A) while confirming the various additions noted that neither the assessee appeared norfurnished any documentary evidence, thus, he is constrained to agree with the finding of Assessing Officer on all additions. 6. We find that during the first appellate stage, the assessee has not raised any specific ground of appeal against the re-opening nor on issuance of notice under section 148 or 143(2) of the Act. The assessee has challenged only disallowance of depreciation of Rs. 1,06,300/-, addition on account of share application under section 68 of the Act of Rs. 7.31 crores and disallowance of purchase of Rs. 1,37,915/-. Further aggrieved, assessee is filed present appeal before us. 7. We have heard the submission of ld. authorized representative (AR) for the assessee and the ld. Departmental Representative (CIT-DR) for Revenue and have gone through the orders of Authorities below. The Ld. AR for the assessee submits that he has raised additional grounds in both the appeals,....
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....e assessee sought adjournments and adjournments were granted. On the fixed date as per assessee's request, nobody attended nor any details were furnished. Accordingly, the Ld. CIT(A) decided the appeal of assessee on the materials available on record. As noted above, Ld. CIT(A) in upholding all three additions held as "No submission filed before him in spite of several opportunities were given to the appellant in absence of any rebuttal from the appellant in this matter, I am constrained to agree with the finding of the AO. This ground is accordingly dismissed." 11. We find that Ld. CIT(A) has not recorded as to when the last date of hearing was fixed. The Ld. CIT(A) has not discussed the facts of the case, issues for determination and decision thereon. The Ld. CIT(A) has not discussed the facts of the case on adjudication point of determination and the decision thereon for such decision, meaning thereby the order passed by Ld. CIT(A) is not as per the mandate of section 250(6) of the Act. Therefore instead of going on the merit of additional grounds of appeals and on the original grounds of appeals, we restore the matter back to the Ld. CIT(A) to adjudicate all the issues afresh ....