9911796707
TMI Blog2022 (5) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... hat purchases made of Rs. 5904762/- from M/s Om Shanti Trading Co. is non-genuine (b) confirming estimation of profit element @ 5% on alleged non genuine purchases of Rs.5904762/- which is over and above the gross profit declared @ 3.18% in books of accounts. (b) confirming addition of Rs. 295238/- on above basis made by the Assessing Officer to the total income of the appellant. 2. On the facts and in the circumstances of the case and in law the learned Commissioner of Income tax (Appeals) erred in confirming action of the Assessing Officer whereby he has not allowed adjustment of brought forwarded capital loss of Rs. 3515/- against income for the year under the head 'Capital gain'. 3. On the facts and in the circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer which is without jurisdiction, illegal, bad-in-law, ultra vires and without allowing reasonable opportunity of the hearing, without appreciating the facts, submission and evidences in their proper perspective, without providing copies of material used against the appellant and without providing cross examination of persons whose statements are relied upon, is liable to be annulled. 6. The learned assessing officer erred in charging interest under section 234A, 234B, 234C and 234D of the Act. 7. The appellant crave leave to add, amend, alter and / or vary any of the ground of appeal before or at the time of hearing." 02. The brief facts of the case shows that assessee is an individual who filed his return of income on 30th Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 05. The learned Departmental Representative vehemently submitted that before the learned CIT(A) assessee did not avail any opportunity of hearing and therefore, now this contention should not be taken into consideration. 06. We have carefully considered the rival contentions and perused the order of lower authorities. We find that the appeal of the assessee was decided by the learned CIT(A) on merits of the case. However, the assessee could not represent before him. The learned CIT(A) fixed the hearing on 30.11.2018, 03.01.2019 and 27.03.2019. The assessee could not comply with the same. Now before us, the assessee has specifically stated that there are several judicial precedents by which the addition made by the learned Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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