TMI Blog2020 (9) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... otice issued u/s. 143(2) of the Act and case was adjourned for 30.07.2020. But again on 30.07.2020 DR did not produce the assessment records to prove the service of notice issued u/s. 143(2) of the Act and the case was adjourned for today i.e. 16.09.2020. Today also the record is not available. DR made a statement that, if the Counsel for the assessee withdraw the additional grounds of appeal filed vide letter dated 20.02.2020, then the issues involved in the present appeal may be set aside to the AO to decide the same afresh, as per law, after giving opportunity to the assessee. Assessee agreed to the same and filed a letter requesting for withdrawal of the additional grounds of appeal raised vide its letter dated 20.02.2020. Keeping ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the appellant and thus is illegal and untenable in the eyes of Law. 3. On the fact and circumstances of the case, Ld. CIT-A has erred in confirming the additions of ₹ 6,43,30,175/- made by the Ld. AO in the assessment order under best judgment assessment u/s 144 of the Act. 4. (i) On the facts and circumstances of the case, Ld. CIT(A) has erred in eyes of law and facts of case in confirming the additions of ₹ 5,18,70,453/- made by the Ld. AO by applying Gross Profit rate of 11%, being G. P. Rate declared in preceding assessment year, on the total turnover of the assessee. (ii) On the facts and circumstances of the case, Ld. CIT(A) has erred in eyes of law and facts of case by confirming the addition of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t apart from the legal grounds already taken, following specific additional ground of appeal may also be raised which are purely legal and can be raised at any time as they do not require any additional facts or material other than the assessment record or already on record. 2 It is submitted that on 04-12-2019 an application for inspection was also moved before the Dy. CIT, Central Circle-20, New Delhi, requesting inspection of the assessment records. Inspection was made and from the inspection of the assessment records because notices have not been served on the assessee i.e. on the Principal Officer as provided under the provision. Due to which ex-parte assessment has been made u/s 144 of the IT Act. After perusing the assessment or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity to the assessee before completing the assessment. e. The Ld. CIT (Appeals) has also ignored these facts and despite making request for seeking time has not allowed reasonable and sufficient opportunity to the assessee. f. The Ld. ClT (Appeals) has also failed to appreciate that assessee company has declared huge turnover and financial loss due to recession in the industry as well as various internal reasons for which it was necessary to grant sufficient time for submissions of details for which sufficient opportunity was not granted. 3. It is submitted that, the aforesaid additional ground is purely legal and related to the original ground already raised and so deserves to be admitted in view of the judgment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ena, Ld. Counsel for the assessee stated that the issues raised by the assesee in the additional grounds may also be sent back to the Assessing Officer to adjudicate the same, as per law, alongwith the original grounds of appeal for fresh adjudication. He undertakes to cooperate before the AO, if this Bench set aside the issues in dispute to the Assessing Officer. 5. We have heard both the parties and perused the orders passed by the authorities below as well as the contentions raised by the assessee in the original grounds of appeal and in the additional grounds of appeal filed with letter dated 20.02.2020 as reproduced above. We are of the view that no doubt that assessee remained non-cooperative before the AO as well as before the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter dated 20.02.2020, then the issues involved in the present appeal may be set aside to the AO to decide the same afresh, as per law, after giving opportunity to the assessee. Sh. Rajiv Saxena, Ld. Counsel for the assessee agreed to the same and filed a letter dated 16.09.2020 requesting for withdrawal of the additional grounds of appeal raised vide its letter dated 20.02.2020. Keeping in view the statement made by the Ld. Sr. DR for setting aside the issues in dispute to the AO and in view of the letter dated 16.09.2020 filed by the Ld. Counsel for the assesee for withdrawal of additional grounds of appeal and in view of the non-production of assessment records especially proof of service of notice issued u/s 143(2) of the Act by the Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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