TMI Blog2022 (11) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... in. CIT(A) has meritoriously dealt with the issues raised by the assessee in respect of the addition made u/s. 68 towards share capital and share premium and the disallowance made u/s. 14A of the Act based on material available on record. Accordingly, we do not find any reason to interfere with the findings given by the Ld. CIT(A) and thus, grounds taken by the assessee are dismissed. - ITA No. 1320/Kol/2019 - - - Dated:- 3-11-2022 - SHRI SANJAY GARG , JUDICIAL MEMBER And SHRI GIRISH AGRAWAL , ACCOUNTANT MEMBER Appellant by : None Respondent by : Shri Amal Sudhir Kamat, CIT ORDER PER GIRISH AGRAWAL , ACCOUNTANT MEMBER : This appeal filed by the assessee is against the order of Ld. CIT(A)-3, Kolkata vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a specific finding in the paragraph 5 of the Appellate Order (page no. 8) that no dividend income has been earned by the Appellant during the relevant year, addition of Rs 56,167/- u/s 14A of the Act has been confirmed which is illegal and against the decisions of the Hon'ble ITAT in the case of REI Agro Ltd. 4. That, the conclusion drawn by the Learned Commissioner of Income Tax (Appeals) - l/Kolkata in confirming the additions u/s 68 and u/s 14A of the Act is based on irrelevant considerations and therefore, the impugned order under appeal is perverse and bad in law. 3. There is a delay of 638 days in filing the present appeal for which petition for condonation of delay dated 14.05.2019 is placed on record. However, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a 6 has noted that there has been no compliance to the notice issued u/s. 263 of the Act though the notice was delivered to the assessee on 06.01.2014. Ld. CIT completed the revisionary proceedings and passed the order giving direction to the Ld. AO for passing the assessment order in terms of the directions so given. ii) Assessee went in appeal before the Tribunal against the order passed u/s. 263 of the Act referred above. In Appeal No. ITA 1423/Kol/2014, from para 2 of the order of coordinate bench of ITAT, Kolkata, fact of non-appearance of the assessee and seeking adjournments on several occasions is noted. The appeal was disposed of on merits exparte, qua the assessee. The relevant extracts from para 2 of the said order dated 05 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce by the assessee in response to statutory notice like notice u/s. 142(1), subsequent re-fixation letter, and final show cause issued in this case, the undersigned is left with no alternative but to go for assessment on best judgment on the basis of information best available in this office as well as information available with AST data bank in this case. iv) For the additions made in the assessment order passed u/s. 144 read with section 263 of the Act, assessee went in appeal before the Ld. CIT(A). In para 2 of the order of Ld. CIT(A) dated 09.12.2016, it is noted that no one represented in the matter nor any time was sought by way of adjournment application, Ld. CIT(A) proceeded to decide the appeal based on material available o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petition for condonation of delay of 638 days in filing the present appeal does not in any way persuade us to grant the condonation. Accordingly, filing of this appeal is barred by limitation. Even otherwise, having gone through the orders of Ld. CIT(A) and the Ld. AO with the assistance of Ld. CIT, DR, the above stated facts on the conduct of assessee before the authorities below in various proceedings under the Act, reflects that assessee is abusing the process of law time and again. We find that Ld. CIT(A) has meritoriously dealt with the issues raised by the assessee in respect of the addition made u/s. 68 of the Act towards share capital and share premium and the disallowance made u/s. 14A of the Act based on material available on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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