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2012 (12) TMI 18 - ITAT AHMEDABADAddition on account of sale of pawned ornaments out of money lending business - assessee engaged in business of purchase and sale of silver ornaments – CIT(A) granted relief, in set aside proceedings however, in the absence of any submission, the amount was added to total income – assessee contesting the same on ground that addition was deleted by CIT(A) in the first round of appellate proceedings and so the addition be deleted – AY 96-97 - Held that:- No infirmity found in the order passed by CIT(A) and this ground of assessee’s appeal is rejected. Addition on account of alleged unaccounted cash found at the time of survey – AY 96-97 - Held that:- Since the books of account were not produced before the AO at the time of survey and the cash is found at the beginning of year and that subsequently and the appellant has failed to explain the source of cash found, the AO was thus justified in treating the cash as unexplained and the addition is therefore rightly confirmed by CIT(A) Addition on account of alleged excess stock on the date of survey – AY 96-97 - Held that:- From the order of CIT(A), it is evident that assessee could not produce evidences of such stock of silver and in support of the excess stock found at the time of survey. After considering all aspect of the matter, we feel in the interest of justice, this issue be restored back to the file of CIT(A) for fresh adjudication - ground of assessee’s appeal is allowed for statistical purposes. Dismissal of appeal for A.Y.1995-96 on the ground of delay in filing appeal - assessee contesting the same on ground that appeal was dismissed ex parte – Held that:- CIT(A) dismissed the appeal only on the ground of delay but CIT(A) has not given any decision on merit of the case. After considering all aspects of the mater, in the interest of justice, this appeal is restored back to the file of CIT(A) to decide afresh. Since the quantum appeal has been restored back to the file of CIT(A), hence, appeal contesting penalty u/s 271(1)(c) is also remitted back to the file of CIT(A) for fresh decision
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