Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2010 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (1) TMI 763 - AT - Income TaxAppeal of the revenue and cross objection of the assessee - Assessee ex parte qua the assessee because the notice has been sent to the assessee at the address given by him in the cross objection and this notice has not come back as un-served and hence the service of notice is presumed as served and in spite of this, none appeared on behalf of the assessee on the appointed date of hearing and hence we decide this appeal of the revenue and cross objection of the assessee ex parte qua the assessee - Held that:- cross objection filed by the assessee is treated as un-admitted and dismissed in limine. Addition u/s 68 - share application money from a racket of systematic entry operators - held that:- judgment of Hon'ble Apex Court in the case of Lovely Exports (P) Ltd. (2008 -TMI - 76942 - SUPREME COURT OF INDIA), is not squarely applicable in the present case because the facts are different. - in the interest of justice, this matter should go back to the file of the Assessing Officer for a de novo assessment after providing an opportunity to the assessee to cross examine Shri SH Mallick.
|