TMI Blog2019 (10) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore unable to present his case at the hearing, it could not be said that the party was given an opportunity of being heard as required u/s 250(1) of the Act. This is not so in this case. The notice dated 02.05.2016 was sent to the assessee fixing the case of hearing on 02.06.2016. The assessee vide letter dated 02.06.2016 sought adjournment and the case was adjourned by the CIT(A) to 28.06.2016. However, no one attended on 28.06.2018 nor was any adjournment sought. Again notice dated 19.09.2016 was sent fixing the case for hearing on 18.10.2016. However, nobody attended nor was any adjournment sought. Finally, notice dated 18.10.2016 was sent fixing the case for hearing on 21.11.2016. The office of the CIT(A) received the acknowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the circumstances of the case and in law, the assessment order passed u/s 143(3)r.w.s. 147 of the Act is invalid and bad in law. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appeal. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in upholding the action of the A.O. in making an addition of on money investment ₹ 23,50,000/- and that too without assigning any proper reason. 5. On the facts and in the circumstances of the case and in law, the A.O. erred in charging interest u/s 234A, 234B and 234C of the Act. 3. Briefly stated, the facts of the case are that the assessee filed h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the AO that the reopening of assessment is not justified. However, the AO was not convinced with the above explanation of the assessee for the reason that during the search in the case of the Hiranandani Group, the final statement of the Director (Shri Niranjan Hiranandani) has been recorded u/s 132(4) of the Act, wherein he has admitted of receiving the on-money . The AO has extracted the relevant portion of the statement dated 14.03.2014 which is produced below: Q.10. From the running statement of cash transaction pertaining to period from 01.04.2006 the ledger account of the flat buyers has been extracted and is being shown to you. As per the ledger account the total on money cash receipts (over and abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Date of issue of notice/letter Date on which hearing fixed Remarks 1. 02.05.2016 02.06.2016 Vide letter dated 02.06.2016, the appellant sought adjournment and adjourned to 28.06.2016 2. 28.06.2016 Nobody attended, nor was any adjournment sought. 3. 19.09.2016 18.10.2016 Nobody attended, nor was any adjournment sought. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 for AY 2007-08) ; Shri Anil Jaggi v. ACIT (ITA No. 3049/Mum/2016). Relying on the above decisions, the Ld. counsel submits that the revenue has no right to make any addition, especially since none of the witnesses were examined before the Assessing Officer, and the assessee did not have any opportunity to cross examine them. 6. Per contra , the Ld. DR files a written submission and relies on the decision in PCIT v. Paramount Communication (P.) Ltd. (2017-TIOL-253-SCIT), PCIT v. Paramount Communication (P.) Ltd. [2017] 79 taxmann.com 409 (Delhi)/[2017] 392 ITR 444 (Delhi), Indu Lata Rangwala v. DCIT [2017] 80 taxmann.com 102 (Delhi)/[2016] 384 ITR 337 (Delhi)/[2016] 286 CTR 474 (Delhi), Thakorbhai Maganbhai P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of hearing and give notice thereof, with the information about the time and place of hearing, to the appellant as well as to the Assessing Officer against whose order the appeal has been filed. If a party could establish that he was not properly served with the notice of hearing and was therefore unable to present his case at the hearing, it could not be said that the party was given an opportunity of being heard as required u/s 250(1) of the Act. This is not so in this case. In the instant case, the notice dated 02.05.2016 was sent to the assessee fixing the case of hearing on 02.06.2016. The assessee vide letter dated 02.06.2016 sought adjournment and the case was adjourned by the Ld. CIT(A) to 28.06.2016. However, no o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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