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Shiv Shankar Sharma, 14, A/B, Chander Vihar, Mandawali Fazalpur, Delhi. Vs. ITO, Ward-36(3), New Delhi.
September, 17th 2015
              DELHI BENCHES : G : NEW DELHI

                         ITA No.2532/Del/2013
                        Assessment Year : 2007-08

Shiv Shankar Sharma,                Vs. ITO,
14, A/B, Chander Vihar,                 Ward-36(3),
Mandawali Fazalpur,                     New Delhi.

     (Appellant)                            (Respondent)
              Assessee By       :    Shri Dev Raj Sharma, Advocate
              Department By     :    Smt. Rashmita Jha, ACIT
           Date of Hearing             :    15.09.2015
           Date of Pronouncement       :    16.09.2015

       This appeal by the assessee is directed against the order passed by

the ld. CIT(A) on 25.1.2013 in relation to the assessment year 2007-08.

2.     Assessment in this case was completed u/s 144 of the Act, making

addition of Rs.10,32,000/- by treating the cash deposited in bank account
                                                             ITA No.2532/Del/2013

as unexplained. The assessee did not participate in the proceedings

before the ld. CIT(A), who dismissed the appeal of the assessee.

3.      We have heard the rival submissions and perused the relevant

material on record. The ld. AR explained the reasons which led to the

non-appearance of the assessee before the authorities below. We are

satisfied with the same.      Under these circumstances, we are of the

considered opinion that the ends of justice would meet adequately if the

impugned order is set aside and the matter is restored to the file of the

AO. We order accordingly and direct him to frame the assessment

afresh as per law, after allowing a reasonable opportunity of being heard

to the assessee.

4.     In the result, the appeal is allowed for statistical purposes.

       The order pronounced in the open court on 16.09.2015.

            Sd/-                                       Sd/-
        [C.M. GARG]                                [R.S. SYAL]
     JUDICIAL MEMBER                           ACCOUNTANT MEMBER

Dated, 16th September, 2015.

                                ITA No.2532/Del/2013

Copy forwarded to:
  1.   Appellant
  2.   Respondent
  3.   CIT
  4.   CIT (A)
  5.   DR, ITAT

                         AR, ITAT, NEW DELHI.

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