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Opportunity of Hearing must before addition for Unexplained Eviction Expenses
Case Law Details
- Case Name
- Shadawal Enterprises Vs CIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2015-16
- Courts
- All ITAT, ITAT Mumbai
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Shadawal Enterprises Vs CIT (ITAT Mumbai)
Addition of unexplained expenses on failure to establish evidence for eviction of encroacher should be made after providing opportunity of hearing to assessee
Conclusion: Shri Ganesh Vithal Indore was the appropriate person to establish his possession over the encroached property/land by submitting the relevant documents and/or other direct or indirect evidence, thus for the just decision of the case and for real adjudication of the issue, it would be appropriate to remand the instant issue to the file of AO for decision afresh by summoning Shri Ganesh...





