9911796707
TMI Blog2022 (7) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.03.2022. All these notices were issued through ITBA System vis e-Mail ID provided in the ITBA Portal. In response, appellant failed to file any submissions in support of the grounds raised by him nor did appellant seek any adjournment. 6. It is clear from the above that appellant has been granted opportunities to represent its case in the appellate proceedings but has failed to make any submissions in support of the grounds of appeal. Appellant is not interested in prosecuting the appeal filed. In the appellate proceedings, burden of proof lies on the appellant to prove that the facts and the findings of the Assessing Officer are incorrect. Since the appellant has chosen not to attend the hearing notices issued, the appeal is decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder these circumstances, the current appeal of the appellant is liable to be dismissed. 2. When this appeal came up for hearing, it was noticed that in the impugned ex-parte order, there is no adjudication on merits. Learned CIT(A) has simply dismissed the appeal summarily without even referring to the elaborate statement of facts and specific issues raised in the grounds of appeal. When we pointed out this position to the learned Commissioner (DR), she relied upon the stand of the learned CIT(A) and submitted that, in the absence of any specific submissions by the assessee, learned CIT(A) could not have done anything more. It was also pointed out that the assessee has been completely non-operative in the appellate proceedings. We were t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) statement that the assessee had deposited cash aggregating Rs. 62,50,000/- and as per 26AS, had received income from contractors of Rs. 10,62,03,595/-. The AO held that as the assessee has neither complied with any of the aforementioned issued notices nor attended before the undersigned in respect of the re-assessment proceedings, it can be constituted as that the assessee is not willing to comply with the statutory notices and is not in possession or any supporting evidences and made the addition of Rs. 11,24,53,595/- as unexplained income u/s 68 of the IT Act. AS REGARDS GROUND I With regards to the above mentioned addition your appellant submits that the assessee company was in liquidation vide High Court, Bombay order dated 03.02.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses against the revenue which can result in income. Your appellant submits that the Assessee is liable to tax only to the extent of profit earned on the aid income and not on the whole revenue appearing in the 26AS of the Thus, appellant prays that the addition us 68 of the Act of Rs.10,62,03,595/- towards amount credited in 26AS of the assessee may please be restricted to the profit of the assessee. GROUND II (Without prejudice to the Ground I and II) With regards to cash posited during the year, your appellant states that the amount of cash deposited is out of same receipts which is already added to the income by way of income appearing in 26AS of the assessee. Addition of cash deposited again separately has resulted into double ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credited in 26AS of the assessee. b) On the facts and circumstances of the case and in law the AO failed to appreciate that i) The amount appearing in 26AS of the assessee is gross amount of revenue of the assessee. ii) The total revenue can not be the Income. The allowance should be given to the expenses against the revenue which can result in income. iii) Assessee is liable to tax only to the extent of profit earned on the said income and not on the whole revenue appearing in the 26AS of the assessee. c) Thus, appellant prays that the addition u/s 68 of the Act of Rs.10,62,03,595/- towards amount credited in 26AS of the assessee may please be restricted to the profit of the assessee. GROUND III (Without prejudice to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcise of the "right to be heard at the hearing of the appeal" by "the appellant, either in person or by an authorized representative condition", under section 250(2)(a), is not a condition precedent for the disposal of appeal on merits in accordance with the scheme of Section 250(6). In our considered view, irrespective of the non-appearance of the assessee before the CIT(A), the CIT(A) ought to have dealt with the issues so raised by the assessee-appellant on merits and by way of speaking order and in accordance with the law. We, therefore, deem it fit and proper to remit the matter to the file of the CIT(A) for adjudication on merits, in the light of the above observation. As the matter is being remitted to the file of the learned CIT(A), ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
