TMI Blog2023 (12) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 of the Act lay on the assessee. Tribunal held that there was no material except the assertion of the appellant/assessee that he was merely an entry provider and, therefore, only the amount received as commission ought to have been added to his income. Appellant made a valiant attempt to defend the position of the appellant/assessee by submitting that the appellant/assessee could not assist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring. ITA 677/2023, CM No. 62028/2023 [Application filed on behalf of the appellant seeking interim relief] CM No.62030/2023 [Application filed on behalf of the appellant seeking condonation of delay of 137 days in re-filing the appeal] 2. This appeal concerns Assessment Year (AY) 2005-06. 3. Via the instant appeal, the appellant/assessee seeks to assail the order dated 29.09.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opinion that a thorough inquiry had to be made, having regard to the observations of the AO that no evidence was available with the revenue which could establish that the appellant/assessee had earned Rs. 5,13,05,350/- in the following AYs: AY 2005-06, AY 2006-07 and AY 2007-08. 6.1 Although this observation was made, the AO had asserted that the appellant/assessee was an entry provider and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investors, it appears that 89 had reported that they had not entered into any transaction with the appellant/assessee. 9. Insofar as the remaining investors/persons were concerned, either they did not reply or the notices directed to them by the AO were returned unserved. Based on the record, the Tribunal concluded that the information furnished by the appellant/assessee in the remand proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Having regard to the record and the approach adopted by the Tribunal, we are unable to persuade ourselves that this is a fit case for interfering with the impugned order. 14. According to us, no substantial question of law arises for our consideration. 15. The appeal is, accordingly, closed. 16. Consequently, the pending applications are rendered inefficacious and, therefore, closed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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