2021 (1) TMI 51

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... an Alankamony, Member (A) This appeal is filed by the assessee aggrieved by the order of the Ld. Commissioner of Income Tax (Appeals)-1, Hyderabad, in appeal No. 0201/2017-18/ITO, Ward-17(2), Hyd/CIT(A)-1/Hyd/2018-19, dated 28-03-2019. 2. Brief facts of the case are that the assessee is a Private Ltd., company, engaged in the business of providing recreation to its members, filed its return of i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... roceedings. Therefore, the Ld. CIT(A) passed an ex-parte order, wherein he has sustained the addition of Rs. 1,92,717/- towards unexplained cash deposits, because the deposits were not substantiated with cogent evidence. However, with respect to addition made towards unexplained loans, as the assessee has furnished certain details and confirmation letters, the Ld. CIT(A) remitted the matter back t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of Rs. 1,92,717/- has already been offered to tax in the return of income filed. 3. a. The Ld. CIT(A) ought to have appreciated that the Assessing Officer during the course of scrutiny has not called for any details with regard to the unsecured loans of Rs. 34,65,700/-. b. The Ld. CIT(A) ought to have allowed the grounds of appeal with regard to the addition made of Rs. 34,65,700/- representi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... for fresh consideration. 6. The Ld. DR vehemently opposed the submissions of the Ld. AR and requested for confirming the order of the Ld. CIT(A). 7. We have heard the rival submissions through video conference and carefully perused the material on record. On verifying the facts of the case, we find that, neither the assessee nor its Authorised Representative appeared before the Ld. CIT(A) during .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eing heard admitting the additional evidence if any. We also make it clear that if the assessee or its Counsel fail to co-operate before the Ld. CIT(A) in his proceedings, the Ld. CIT(A) shall be at liberty to pass appropriate Order in accordance with law and merit based on the materials before him. 8. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Orde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X