TaxTMI 
TaxTMI 
2024 (6) TMI 928
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...., Ward-2(1), Raipur, (In short 'The AO'). 2. The grounds of appeal raised by the assessee are as under: 1. Ld. CIT(A) erred in confirming addition of Rs. 10,26,911/- made by AO on account of capital introduced by the assessee treating it to be unexplained cash credit u/s 68. The addition made by AO and confirmed by Ld. CIT(A) is arbitrary and not justified. 2. Ld. CIT(A) erred in confirming addition of Rs. 52,86,164/- made by the AO invoking sec. 41(1) on account of outstanding balances of creditors. The addition made by AO and confirmed by Ld. CIT(A) is arbitrary, baseless and not justified. 3. The appellant reserves the right to amend, modify or add any of the ground/s of appeal. 3. The brief facts of the case are that the assesse....
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....eing decided on merit, but the issues have not been dealt with by any independent application of mined. Under such circumstances, it was the prayer that the matter shall be remitted back to the files of Ld CIT(A) for fresh adjudication following the mandate of law and existent jurisprudence. 7. Ld. Sr. DR on the other hand vehemently relied on the order of the Ld CIT(A). 8. We have considered the rival contentions and perused the material available on records. In present case admittedly the assessee was non- compliant before the Ld CIT(A). However, the issues involved requires to be looked into on their merits. It was the allegation of the Ld AR and rightly so that, though the Ld CIT(A) has mentioned the case is being decided on merits, b....
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....A) to dispose of an appeal in writing after stating the points for determination and then render a decision on each of the points which arise for consideration with reasons in support. Section 251(l)(a) and (b) of the Act provide that while disposing of appeal the CIT(A) would have the power to confirm, reduce, enhance or annul an assessment and/or penalty. Besides Explanation to sub-section (2) of Section 251 of the Act also makes it dear that while considering the appeal, the CTT(A) would be entitled to consider and decide any issue arising in the proceedings before him in appeal filed for its consideration, even if the issue is not raised by the appellant in its appeal before the CIT(A). Thus once an assessee files an appeal under Sectio....