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2019 (5) TMI 1503 - AT - Income TaxAssessment u/s 153C - non-issuance of notice u/s 143(2)/142(1) and not supplying the seized the material u/s 153C - Revision u/s 263 unchallenged - HELD THAT:- Since the assessee failed to challenge the order u/s 263 of the Act, therefore, non-issuance of notice u/s 143(2)/142(1) and not supplying the seized the material u/s 153C of the Act has no consequences being the order passed by AO has already been set aside by Commissioner by virtue of order dated 04.03.2017 wherein the Commissioner has invoked the provisions u/s 263. Further, we noticed that the AO accorded the opportunity of being heard to the assessee by virtue of notice dated 01.03.2016 which has been mentioned in para no. 7 of the assessment order. We also noticed that the assessee nowhere represented before the AO seeking any legal relief. CIT(A) has rightly recorded the finding on the legal issue which is not liable to be interfere with at this appellate stage. Accordingly, this issue is decided in favour of the revenue against the assessee. Unexplained cash credit u/s 68 - HELD THAT:- It is not in dispute that the amount in sum of ₹ 2,34,52,668/- was credited with the account of the assessee. The assessee nowhere explained the said amount before the AO as well as before the CIT(A). It is incumbent upon the assessee to prove his claim by adducing the sufficient evidence on record. The assessee nowhere produced any cogent and convincing evidence on the file even before us. The facts are not distinguishable at this stage also. We find no ground to interfere with the finding of the CIT(A) on the issues, therefore, we confirm the finding of the CIT(A) on these issues and decide these issues in favour of the revenue against the assessee.
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