TMI Blog2023 (1) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... by the ld. CIT(Appeals). Appeal of the assessee is partly allowed. - I.T.A. No. 566/KOL/2020 - - - Dated:- 13-12-2022 - Dr. Manish Borad, Accountant Member And Shri Sonjoy Sarma, Judicial Member Shri Debanuj Basu Thakur, Advocate, appeared on behalf of the assessee Shri P.P. Barman, Addl. CIT(Sr. DR), appeared on behalf of the Revenue ORDER Per Dr. Manish Borad, Accountant Member:- This appeal at the instance of assessee for assessment year 2011-12 is directed against the order of ld. Commissioner of Income Tax (Appeals)-8, Kolkata dated 21.09.2020 passed under section 250 of the Income Tax Act, 1961. 2. In this appeal, the assessee has raised the following grounds:- (1) For that the order of the ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for giving me so many times for appearing before you for submitting papers and documents as required for assessment proceedings. I am sorry to say but it is fact that I am not able to comply with your requirements. You have proposed to estimate my income from the business @ 5% of total turnover (excluding interest income and other income). Though the tax arrive on the income will cause a hardship to me, I agree to your proposal with humble not to initiate any penalty proceedings under any provisions of the Income Tax Act, 1961. Respected Sir, my present financial condition is very poor, I will not be able to deposit at a time the amount what would be determined after adjusting advance tax. So please make the payment schedule a long p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of net profit @ 5% of total turnover excluding interest income and other income and also stating that the tax arrived on such estimated income will cause a hardship and is presently in a poor financial condition and will not be able to deposit the tax in time. Ld. Assessing Officer also observed that the assessee has filed the complete details of sales, purchases, unsecured loans, bank account, sundry debtors and sundry creditors and all other necessary details. Ld. Assessing Officer asked for the books of account but since books of account were lying in the Income-tax Department on account of survey proceedings, the assessee was unable to file the same and for such non-filing of books of account, ld. Assessing Officer show-caused the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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