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2017 (1) TMI 516 - HC - Income TaxAppeals under Section 260A - non grant of adequate or sufficient opportunity to support its claim that the amount received from its share applicants was in respect of genuine transactions - Held that:- The CIT (A)'s order clearly sets out specific details about the dates when opportunities were given to the assessee to substantiate its submissions. In fact on the fifth date (the previous dates being, 25.08.2014, preceded by a letter of 14.08.2014; 02.09.2014 and 09.09.2014), the CIT (A) clearly stated that final opportunity would be granted on the date fixed, i.e., 29.09.2014, failing which appeal would be decided on its merits. On the date given, i.e., 29.09.2014, neither did the appellant appear nor was any appearance on its behalf caused. Having regard to the above material, the additions were made and brought to tax; the ITAT concurred with this order. Having regard to the above factual material and also having considered the additional documents which are now part of the record, we are of the opinion that so far as the question of opportunity is concerned, there is no occasion for interference under Section 260A of the Act. The assessee clearly defaulted - if not at the original stage, but at the appellate stage and, therefore, cannot complain that its right to adduce additional evidence was not properly appreciated. No question of law arises
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