9911796707
TMI Blog2021 (1) TMI 776X X X X Extracts X X X X X X X X Extracts X X X X ..... n in the earlier occasions also, there were non-compliance from the assessee on the given dates of hearing. The Ld. DR submitted that in all these appeals, issues are identical and facts are common and therefore, all these cases were heard and disposed of together vide this consolidated order on merits after recording the submissions of the Ld. DR and materials available on records. 3. The brief facts of the case are that a survey operation u/s.133A of the Income Tax Act, 1961 (hereinafter referred to as "the Act,) was conducted in business premises of the assessee on 31/08/2012. It was found that assessee did not maintain regular books of account and did not get his accounts audited. The assessee is a sub-contractor executing civil works ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asked the assessee to explain certain queries regarding computation of his income; however, the seized materials were in the possession of Department. Under such circumstances, the assessee could not prepare the required details. That further, the assessee submitted before the Ld. CIT(Appeals) that the Assessing Officer has also not provided copy of statement of the assessee. The assessee had contended that during the survey, he was made to sign the statement without providing a copy of the same. From these facts, it was opined by the Ld. CIT(Appeals) that if the assessee was not provided with copy of seized material and statement, much reliance cannot be placed on the figure of 10% adopted by the Assessing Officer. 4.1 The Ld. CIT(Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in these cases and recorded the submissions of the Ld. DR. We have also perused the materials available on records. It is very much evident starting from the stage of assessment that several opportunities were provided to the assessee by the Assessing Officer in order to represent his case on merits. However, the assessee has evaded the entire assessment proceedings. Therefore, there was no alternative left before the Assessing Officer but to resort to best judgment assessment u/s.144 of the Act considering the materials available on record. The Assessing Officer has estimated assessed income of the assessee at the rate of 10%. The Ld. CIT(Appeals) in his findings has very judiciously analyzed the entire facts and circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
