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Judgment
PER C.N. PRASAD, JM,
This appeal is filed by the assessee is directed against the order of the Ld.CIT(A)-2, Faridabad dated 14.08.2014 for the A.Y. 2009-10.
The assessee has raised following grounds of appeal :-
1.That on the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) (CIT(A)) is bad both in the eye of law and on facts.
2.That on the facts and circumstances of the case, the order passed by the learned CIT(A) is bad in law as the same has been passed without giving assessee a proper and adequate opportunity of being heard in which is clear violation of the principle of natural justice.
3(i) That on the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the AO action in making assessment at an income of Rs.3% 86,660/- as against income of Rs.2,67,880/-declared by the assessee.
3 (ii) That The learned CIT(A) has erred in confirming the said addition without giving benefit of Rs.2,67,880/-being income declared by the assessee himself.
4.That on the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO in rejecting the books of accounts of the assessee.
5 That on the facts and circumstances of the case, the learned CIT(A) has erred both on facts end in law in confirming the action of the AO in estimating net profit or the professional receipts Rs.59,92,663/- The net profit at the rate of 60% has been computed without there being any basis for the same.
6 That on the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the addition of Rs.26,87,400/- made by the AD on account of deposits in bank account.
7 We may be allowed to submit any new additional grounds of appeal, amend or alter any of the grounds of appeal replies, submissions at the time of hearing.
The Ld. Counsel for the assessee at the outset submitted that both the assessment as well as appeal proceedings are exparte, therefore, the assessee may be provided one opportunity to explain cash deposits made into bank account which are all professional charges and was offer to tax by the assessee. Some of the cash deposits are from out of withdrawals from the bank itself. Therefore, the Ld. Counsel for the assessee prayed that the appeal may be restored to the file of the AO for fresh assessment.
The Ld. DR has no serious objection in restoring the appeal to the file of the AO.
Considering the submissions and the orders of the authorities below this appeal is restored to the file of the AO with a direction to complete the assessment afresh after providing adequate opportunity of hearing to the assessee.
In the result, the appeal of the assessee is allowed for statistical purpose.