TaxTMI 
TaxTMI 
2025 (3) TMI 2151
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..... CIT(A) has erred in setting aside the assessment order to the Ld. AO for making a fresh assessment. 2. That in the facts and circumstances of the case and in law, the Ld. CIT(A) having admitted the additional grounds under section 250(5) was not justified to set aside the case specifically on the basis of additional grounds as the issues covered in the additional grounds were purely of legal nature and no additional evidence or new facts were involved 3. That in the facts and circumstances of the case and in law, the Ld. CIT(A) has unjustifiably set aside the assessment order and erroneously granted a second inning to the Ld. AO whereas the issues involved being purely of legal nature required to be decided by him ....
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....he Assessing Authority in imposing penalty of Rs. 13,558/- under section 271(1)(c) of the Income Tax Act. 9. That the assessee craves permission to add, alter, amends or deletes any ground or grounds of appeal on or before the filing of this appeal. 2. The brief facts of the case are that the assessee partner-ship firm filed its return of income at Rs. NIL on 29.09.2015, current year loss was claimed at Rs. (-) 8,00,579/-. The case of the assessee was selected for complete scrutiny under CASS and relevant statutory notices were issued. The case of the assessee was assessed u/s. 144 r.w.s. 143(2) of the Act on the ground of non-production of books of accounts. Case of the assessee was assessed after applying the provisions of sec....
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.... of Rs. 29,45,375/- on account of commission income is not sustainable and liable to be deleted. Accordingly, the AO is directed to delete the same. Before we proceed further on balance sheet items, i.e. fresh capital introduction by the partners amounting to Rs. 70, 42,450/- and unsecured loans amounting to Rs. 3,36,42,043/- taxed u/s. 68 of the Act, it is necessary to deal with the finding in this matter by the office of the Ld. CIT(A), wherein he has set-aside the matter back to the file of the AO for de-novo assessment. No doubt, there was a lack of cooperation and books of accounts before the AO hence were forced to determine the income u/s. 144 of the Act. But it is observed that all the relevant information were duly submitted before....
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....nity to the AO and rather the Ld. CIT(A), him-self was empowered and duty bound to adjudicate the same once admitted. This provision of setting aside the matter back was deleted from the statute way back w.e.f. 01.06.2001 and reintroduced w.e.f. 01.10.2024 only. But this change in law never intends where a complete process of de-novo examination has been carried out by the office of the Ld. CIT(A)in the form and substance of remand proceedings and there is no allegation on the assessee concerned about any lethargy, non-cooperation or non-submission of evidences/explanation, still he can set-aside the matter back to the file of the AO for de-novo assessment. As far as the issues involved in the ex-parte assessment, those have already been ad....
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....f is enough to explain the source of capital introduction by the partner amounting to Rs. 42 Lacs in his capital account with the firm. Another partner Mr. Om Prakash Agarwal introduced Rs. 28,42,450/- and he also received Rs. 30,11,000/- as sale consideration of house property sale and the same is duly introduced in his ITR. Moreover, various coordinate benches and Hon'ble High Courts has already cleared the legal position on this aspect, that introduction of capital by the partner in the books maintained by the firm, can't be added back in the hands of the firm u/s. 68 of the Act. If required, enquiry can be conducted in the case of contributory partner and addition if any should be made in the hands of the partner and not in the hands of....