TMI Blog2020 (9) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... 501/ASR/2014 - - - Dated:- 30-6-2020 - Shri L.P. Sahu, AM And Shri Ravish Sood, JM For the Assessee : Shri Tarun Bansal, Advocate For the Revenue : Shri Charan Dass, DR ORDER PER L.P.SAHU, AM : This is an appeal filed by the assessee against the order of CIT(A), Bathinda, dated 30.05.2014, on the following grounds of appeal :- 1. That the Id. CIT(A) wrongly confirmed addition of ₹ 5,00,000/- in the name of Sh. Suresh Kumar as cash credit, and did not allow telescopic benefit out of amount surrendered at ₹ 35 lacs during survey dated 21.01.2009. 2. That the Id. CIT(A) wrongly confirmed addition of ₹ 6,00,000/- in the name of Sh. Rakesh Kumar as cash credit, and did not allow telescopic benefit out of amount surrendered at ₹ 35 lacs during survey dated 21.01.2009. 3. That the ld.CIT(A) wrongly confirmed addition to Building Account at ₹ 3,45,156/- without telescoping the amount surrendered at ₹ 35 lacs in survey dated 21.01.2009. 4. That the revenue has not appreciated that the assessee cooperated and surrendered ₹ 35 lacs in survey dated 21.01.2009 when it was the first year of business and no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AO. Ld. AR also requested for the telescoping from the surrendered amount of ₹ 35 lakhs as surrendered during the course of survey proceedings against the addition made by the AO. Finally, ld. AR requested to send the matter back to the file of AO for further verification of the relevant assessee s expenses incurred by the assessee for construction of the hotel building which are placed on record and does not relate to the impugned assessment year but the additions have been made by the AO in this year. 7. On the other hand, ld.DR relied on the order of AO and submitted that the assessee had accepted during the course of survey proceedings of ₹ 35 lakhs and paid the taxes subject to some conditions. The assessee also could not justify the loan taken, which has rightly been decided by the CIT(A). During the course of appellate proceedings before the CIT(A), a remand report was called for from the AO on the basis of written submissions/objections made by the assessee. In the rejoinder the assessee could not substantiate the objections raised by the AO. Therefore, the order of the CIT(A) should be restored. 8. After hearing both the sides and perusing the entire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 30 days and due notice of the day so fixed shall be given on the notice board. As such, ordinarily , the order on an appeal should be pronounced by the Bench within no more than 90 days from the date of concluding the hearing. It is, however, important to note that the expression ordinarily has been used in the said rule itself. This rule was inserted as a result of directions of Hon ble High Court in the case of Shivsagar Veg Restaurant vs ACIT (2009) 319 ITR 433 (Bom), wherein, it was, inter alia , observed as under: We, therefore, direct the President of the Appellate Tribunal to frame and lay down the guidelines in the similar lines as are laid down by the Apex Court in the case of Anil Rai (supra) and to issue appropriate administrative directions to all the benches of the Tribunal in that behalf. We hope and trust that suitable guidelines shall be framed and issued by the President of the Appellate Tribunal within shortest reasonable time and followed strictly by all the Benches of the Tribunal. In the meanwhile (emphasis, by underlining, supplied by us now),all the revisional and appellate authorities under the Income-tax Act are directed to decide matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time-bound by this Court, the period for which the order dated 26th March 2020 continues to operate shall be added and time shall stand extended accordingly , and also observed that arrangement continued by an order dated 26th March 2020 till 30th April 2020 shall continue further till 15th June2020 . It has been an unprecedented situation not only in India but all over the world. Government of India has, vide notification dated 19th February 2020, taken the stand that, the coronavirus should be considered a case of natural calamity and FMC (i.e. force majeure clause) maybe invoked, wherever considered appropriate, following the due procedure... . The term force majeure has been defined in Black s Law Dictionary, as an event or effect that can be neither anticipated nor controlled When such is the position, and it is officially so notified by the Government of India and the Covid-19 epidemic has been notified as a disaster under the National Disaster Management Act, 2005, and also in the light of the discussions above, the period during which lockdown was in force can be anything but an ordinary period. 10. In the light of the above discussions, we are of the consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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