9911796707
TMI Blog2023 (10) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... resh investigation of facts was required to decide the grounds and necessary facts were not available on record. It was further submitted that the assessee raised these grounds without any corroborating evidence to support them. In the guise of these grounds, the assessee was seeking to verify the record of the Department on all possible scores without showing non-compliance by the Revenue of all the requisite procedures. The ld. AR could not controvert the submissions advanced on behalf of the Revenue. 3. The Hon'ble Supreme Court in the case of National Thermal Power Company Ltd. Vs.CIT (1998) 229 ITR 383 (SC) has held that the Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther enhanced by Rs. 2.00 crore by the Settlement Commission. The impounded documents disclosed that the assessee paid a sum of Rs. 60.94 lakh against the purchase of a plot in the name of his mother, out of which a sum of Rs. 4,69,400/- was refunded, leaving the amount of Rs. 56,24,600/- paid in cash. Out of this amount, a sum of Rs. 43.00 lakh was paid during the year. The AO made addition for Rs. 43.00 lakh, which came to be countenanced in the first appeal. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 6. We have heard the rival submissions and gone through the relevant material on record. It is seen that MPD admitted during the course of survey that it received on-money from various persons, which was kep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any source of such money. 8. During the course of instant proceedings before the AO, which started with the receipt of information about the payment of on-money by the assessee, a request was made by the assessee for the supply of incriminating material from MPD. The AO, vide notice u/s. 142(1) dt. 07-12-2018, offered the assessee to inspect the impounded material based on which the assessment was re-opened and requested the assessee to be present on 11-12-2018. The assessee chose to ignore this opportunity. The ld. DR has brought on record the service of such notice dt. 07-12-2018 on the assessee on the immediately next day, i.e. 08-12-2018. This shows that the assessee, despite requesting for the inspection of the incriminating material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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