2008 (10) TMI 65

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....d the following substantial question of law is raised for consideration. "Whether, on the facts and circumstances of the case, the Tribunal was right in law in remitting the matter back to the file of the Assessing Officer only for the limited purposes of examining the credit in the name of Smt. Sivagamasundari even after recording a finding that the Inspector's report on creditors was not made available for the appellant-assessee on the principles of natural justice." 3. For the assessment year 1996-97, the assessee filed her return of income on July 16, 1998, pursuant to the notice under section 148. The original assessment under section 143(3) in respect of the assessee's husband was completed on March 31, 1999. It was noticed during t....

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....nal has to be set aside." In this view, the matter was remitted to the Tribunal, "to pass orders on the claim of the assessee." 5. The Tribunal heard the matter again. The assessee had filed return upon notice under section 148 of the Act on July 16, 1998, showing a total income of Rs. 69,380. In the assessment order passed under section 147, the total income was assessed as Rs.9,84,080. The addition made by the Assessing Officer was a sum of Rs.9,14,700 representing cash credits in the name of 16 persons. The assessee could furnish the addresses and details only in respect of three creditors, in respect of the other creditors, details were not furnished by the assessee. The Tribunal rightly held that the genuineness of the other creditors....