Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (9) TMI 379

..... t, issued within the stipulated period and further that the ld. AR also evinced interest in keeping the issue alive to be taken up before the higher forums rather than extensively arguing before the Tribunal, we decide this issue against the assessee without going further deep into it. Denial of natural justice - no proper opportunity by the CIT(A) - whether assessee was prevented by reasonable cause from appearing before the ld. CIT(A) - HELD THAT:- Assessee was prevented by reasonable cause from appearing before the ld. CIT(A) as his father was not well and the fact that the AO could not properly appreciate the evidence because of limitation period setting in, both the sides fairly agreed that it would be in the interest of justice if the .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... m of penalty in these appeals is dependent upon the gross receipts in the quantum assessment, which issue we have restored above for fresh adjudication. Consequently, the impugned orders are set aside and the penalty matters are also sent back to the AO for considering the amount of gross receipts to be finally includible in the fresh determination of income of the assessee and then ascertaining the correct amount of penalty leviable, if any. - ITA Nos.1016 & 1017/PUN/2012, ITA Nos.850 to 855/PUN/2012, ITA Nos.504 to 506/PUN/2012, ITA Nos.1761 to 1763/PUN/2012, ITA Nos.507 & 508/PUN/2012, ITA Nos.509 & 510/PUN/2012, ITA Nos.1018 to 1025/PUN/2012, ITA Nos.499 to 503/PUN/2012 - 6-9-2019 - Shri R.S. Syal, Vice President And Shri Partha Sarathi .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... rt in Ashok Chaddha vs. ITO (2011) 337 ITR 399 (Del), has held that non-issuance of notice u/s 143(2) is not a requirement for completing assessment u/s 153A. However, relying on another judgment in CIT VS. N.S. Software (Firm) (2018) 403 ITR 0259 (Delhi), the ld. AR contended that the provisions of section 143(2) apply to the proceedings u/s 153A as well, even though it was not a direct issue before the Hon ble High Court. In view of the fact that the ld. DR contended that the first notice u/s 143(2) of the Act was, in fact, issued within the stipulated period and further that the ld. AR also evinced interest in keeping the issue alive to be taken up before the higher forums rather than extensively arguing before the Tribunal, we decide th .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... /-; interest income of ₹ 55,87,963/-; suppressed profit of ₹ 14,63,000/-; and suppressed interest of ₹ 3,88,967/-. The assessee appealed before the ld. CIT(A) but remained unrepresented, as a result of which this appeal and host of other appeals came to be decided ex parte qua the respective assesses. This is how, the assessee has approached the Tribunal. 5. We have heard the rival submissions and considered the relevant material on record. It is seen that the ld. CIT(A) fixed the appeal of the assessee for hearing on 14-10-2010. Adjournment was sought, which was granted for 22-11-2010. Series of adjournments were taken by the assessee as has been recorded in para 3 of the impugned order. Since the assessee could not repre .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... at the assessee deserves to be given one more chance to present his case before the AO. We order accordingly. Setting aside the impugned orders, we direct the AO to frame the assessments for the years under consideration afresh as per law after allowing reasonable opportunity of hearing to the assessee. 9. In the result, all the eight appeals are allowed for statistical purposes. ITA Nos. 499 to 503/PUN/2012 - Partani Udyog Pvt. Ltd., ITA Nos. 504 & 505/PUN/2012 - Rajesh M. Partani (HUF) ITA Nos. 507 & 508/PUN/2012 - Madanlal Gangadhar Partani (HUF) ITA Nos. 509 & 510/PUN/2012 - Nitin Madanlal Partani (HUF) ITA Nos. 1018 & 1019/PUN/2012 - Madanlal Gangadhar Partani 10. Apart from the legal issue which we have discussed herei .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ts came at ₹ 1,22,000/-. In the absence of the assessee furnishing any explanation about the source of such cash deposits, the AO made addition, which came to be confirmed in the first appeal. 16. The ld. AR submitted that the said bank account is a part of the assessee s regular books of account maintained prior to search and has been properly reflected in the Balance sheet as well. The ld. AR submitted that all the entries of cash deposits find place in the regular books of account. 17. Having heard both the sides and gone through the relevant material on record, it is seen that the AO made the addition simply by considering the amounts of cash deposits on different dates in the bank account. Addition on account of cash deposits can .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||