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2015 (7) TMI 394 - ITAT MUMBAI

2015 (7) TMI 394 - ITAT MUMBAI - TMI - Assessment u/s. 144 - unexplained cash purchases/sales - additions/disallowances as unexplained income - Held that:- Commissioner of Income Tax (Appeals) duly examined the facts u/s. 68 along with various case laws and finally affirmed the additions as unexplained income u/s. 68 of the Act by examining each assessment year separately. We are satisfied with the reasoning contained in the impugned order under the facts and the circumstances available on recor .....

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t clearly oozes out that the assessee has nothing to say in his defence. Thus, we find no infirmity in the conclusion drawn by the ld. Commissioner of Income Tax (Appeals), consequently all these appeals are having no merit, therefore, dismissed. - Decided against assessee. - ITA NO.657 to 660/Mum/2011, ITA NO.662 to 663/Mum/2011, ITA NO.665/Mum/2011 - Dated:- 13-3-2015 - Shri Joginder Singh And Shri Sanjay Arora JJ. For the Appellant : None For the Respondent : Smt. Heena Singh Pandey - ORDER P .....

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urchases made by the assessee were in excess of ₹ 20,000/-, made in cash of the respective assessment years. 2. During hearing of the appeals, Nobody was present for the assessee whereas Mrs. Heena Singh Pandey, ld. CIT-DR was present for the revenue . We note that on 24/8/2013 nobody was present for the assessee, therefore, registered AD notice was sent to the assessee. On 12.12.2013, these appeals were adjourned to 12.2.2014. at the request of the assessee. On 3.6.2014, at the request of .....

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at the time of hearing again nobody represented the assessee . Thus, we are constrained to proceed ex-parte qua the assessee and tend to dispose off these appeals on the basis of material available on record. The ld. CITDR contended that even before the Assessing Officer the assessee never co-operated and finally ex-parte assessment u/s. 144 of the Act was framed. Likewise, before the ld. First appellate authority the assessee did not file necessary details, that too, inspite of repeated opportu .....

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e assessee did not file return within the specified time, therefore, notice u/s. 271F was issued for non-filing of return on 28.7.2009. Ultimately, final opportunity was granted vide letter issued on 6.10.2009. Notice u/s. 142(1) along with annexure was served upon the assessee . There was no compliance by the assessee . On one occasion the assessee attended but did not file any return. Inspite of so many opportunities/notices the assessee neither filed its return nor filed the requisite details .....

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Assessment Year Addition made as unexplained income(Rs.) Disallowance made u/s.40A(3)(Rs.) 2002-03 5,45,600 92,020 2003-04 5,90,100 1,00,070 2004-05 6,75,500 1,06,025 2005-06 6,90,830 1,08.104 2006-07 6,74,970 1,04,440 2007-08 6,98,940 1,12,345 2008-09 7,68,834 1,23,579 3.1 The ld.AO examined the seized material /impounded material and also on the basis of available record he made the assessment u/s. 144 of the Act on the reasoning contained para 5.1 of the assessment order by concluding that t .....

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me is reproduced hereunder for ready reference:- 2.3.1. I have carefully and dispassionately considered the facts and circumstances of the case. The appellant has not been attending to notices and opportunities given to them as discussed by the Assessing Officer on page 1 and 2 of the impugned assessment order. Ld. Assessing Officer issued notice u/s.153A on 3/11/2008, u/s.271F on 28/7/2009. Opportunity letter on 4/8/2009, second opportunity letter on 6/10/2009 and then notice u/s.142(1) on 9/11 .....

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2010 and the appeal was adjourned to 25/5/2010. Nobody attended on 25/5/2010 and another opportunity was given to the appellant. Ld. AR furnished third adjournment letter vide letter dated 8/6/2010 and the appeal was adjourned to 29/6/2010. Fourth adjournment letter was furnished by letter dated 18/6/2010 and the appeal was adjourned to 7/7/2010 at 10.30 A.M. Fifth letter of adjournment was furnished on 6/7/2010 and on Ld. AR's request appeal was adjourned to 5/8/2010 at 11.30 A.M. Sixth let .....

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ous reasons as discussed in the preceding paragraphs. Appeal was adjourned to 22/9/2010 at his request. Ld. AR vide their letter eighth letter of adjournment dated 20/9/2010 requested for another adjournment and on their request last and final hearing was granted to the appellant on 12/10/2010 for final argument. Ld. AR Shri Jaidev, Advocate and partner of M/s. M.L. Bhuwania & Co. attended and again no details could be furnished. Again, on his request last and final opportunity was granted t .....

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