TMI Blog2018 (12) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... no further addition can be made on account of the gross profit as it would amount to double addition. Hence we reverse the finding of the learned commissioner of income tax appeals in upholding the addition of ₹ 9 0000/- . However with respect to the addition of rupees 11360 on account of the alleged commission on the accommodation entry provided by the Praveen Jain group, we do not find any infirmity in the order of the learned commissioner of income tax appeals in upholding the addition to that extent for the simple reason that there is no denial from the assessee that assessee has not purchased goods from M/s Mohit international which is part of Praveen Jain group. - Decided partly in favour of assessee. - ITA No. 1049/Del/2018 - - - Dated:- 14-11-2018 - Shri Amit Shukla, Judicial Member And Shri Prashant Maharishi, Accountant Member For the Assessee : Shri Prakash Sinha, CA, Shri Sachin Sinha, CA And Ms kavita Arora, CA For the Revenue : Shri S.L. Anuragi, Sr. DR ORDER PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed by the assessee against the order of the ld CIT(A)- 18, New Delhi dated 10.04.2017 for the Assessment Year 2007-08. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, reasons were recorded under section 147 of the act on 26/ 3/ 2014 forming a belief that income of ₹ 568020/ has escaped assessment. The sanction of the joint Commissioner of income tax was also sought and granted. Consequently, notice under section 148 of the income tax act was issued on 28/3/2014, which was served on the assessee on 29/3/2014. The assessee by letter dated 16/4/2014 informed that the return of income originally filed on 7/11/2007 to be treated as return filed in response to notice under section 148 of the income tax act. Subsequently, notice under section 143 (2) was issued on 30/4/2014 in response to which the requisite details were filed. 6. On examination of the detail the learned assessing officer found that assessee purchase polish diamonds from Mohit international, Surat vide bill dated 20/4/2006 for ₹ 501000 and ₹ 67020 vide bill dated 20/9/2006. The total of the purchase bill of the two bills is ₹ 5 68020/ . According to the learned assessing officer, these bills do not contain any telephone numbers of the seller and no sales tax registration numbers on the bills are provided. Therefore, he considered that these concer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation of the delay petition the assessee submitted that assessee is the partnership firm which was converted into the proprietor is from and due to the sealing drive going on in the locality of the assessee firm the therefore the delay in filing of the appeal. He further stated that during April 2017 to January 2018, the assessee was frequently engaged in international travelling and therefore the delay occurred. Therefore, it was prayed that the above delay may be condoned as it has a sufficient reason. 9. The learned departmental representative vehemently opposed the petition of condonation of delay filed by the assessee. He submitted that there is no sufficient cause shown for filing appeal belatedly. 10. We have carefully considered the rival contention and perused the reasons stated before us causing the delay in filing the appeal. On perusal of the reasons of the sealing and frequent international travel of the assessee, we are convinced that the delays caused for sufficient cause. Even there is no deliberate attempt shown on behalf of the assessee in not filing the appeal. Even otherwise we are of the opinion that assessee does not get any benefit in causing delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On the issue of the reopening of assessment we have carefully produce the reasons recorded by the learned assessing officer, which are placed at page number 33 of the paper book. The reasons recorded shows that assessee has received an accommodation entry from Mohit international for purchase of diamond. The income of the assessee was not assessed earlier under section 143 (3) of the income tax act. There is a tangible material available with the learned assessing officer to reopen the case of the assessee as it was found that Mohit international is operated by Mr. Praveen Jain who is an accommodation entry provider. Further the first proviso to section 147 applies only with respect to the assessment made under section 143 (3) of the income tax act and not otherwise. In view of this, we do not find any infirmity in the order of the learned commissioner of income tax appeals in upholding the reassessment proceedings. Hence, ground number 1 and 2 of the appeal dismissed. 14. On the merits of the case, we have carefully considered the contention of both the parties. We find that the assessee has purchased the goods from Mohit international, sold them as per sale price recorded in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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