9911796707
TMI Blog2025 (2) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... r under consideration on 01.10.2010, declaring a total income of Rs. 4,98,850/-. The case of the assessee was selected for scrutiny under CASS. During the course of assessment proceedings, it was observed that the assessee had written off bad debts of Rs. 2,97,452/-. The assessee was required to explain and justify the claim of write off of such bad debts. As per the Assessing Officer (AO), the assessee could not furnish any satisfactory reply and accordingly the AO made addition on account of bad debts and also initiated penalty proceedings under section 271(1)(c) of the Act. Further, the amount of creditors shown in the Financial Statements of the assessee could also not be verified by the AO and in this regard also the AO made an additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the petition of the appellant u/s. 154 of the Act and the contentions therein. The only issue for consideration is whether notice for fixing appeal was served upon the assessee or not. 3. This office has already adjudicated the appeals of the appellant for assessment year under consideration and it is found that the notice for hearing is generated through ITBA system, at the address provided by the assessee. The office of the undersigned has no choice to change the address. It is also observed that the assessee had sought adjournment request on 06.04.2018 for hearing of appeal fixed for 09.04.2018. It shows that the assessee had received notices issued for hearing of appeal. 4. As the grounds of appeal are already adjudicated U/s 250( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation statement were submitted before the A.O. during assessment proceedings but he has imposed penalty under 271(1)(c) of the Act, ignoring the vital evidence and supporting documents submitted by assessee is also against natural justice because the same is without any base and completely based on surmise/ guesswork. 4. That the hon'ble CIT Appeal-1 Kanpur has ignored the vital evidence while rejecting the Penalty appeal was that the assessee has filed the online appeal in Form 35 in which the address stated was 108, First floor, 49/52, Radha Kripa. General Ganj, Kanpur-208001 and the necessary changes were also made in PAN DATA through amendment form before filing of appeal which is clearly reflecting on the site a copy is also enc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not constitute deliberate act of concealing particulars of income or suppressed or furnished inaccurate particulars of income. Relying upon the above judgments and facts of the case also imposing of the penalty by the AO is against the law of natural justice and should be deleted. 8. That appellant craves, leave to add, alter or modify any of the grounds of appeal at the time of hearing. 8. None was present for the assessee when the appeal was called out for hearing, nor was any application for adjournment moved in this regard. A perusal of order sheet entries shows that this appeal was registered by the Registry of the ITAT on 03.06.2019 and since then the appeal has been fixed for hearing for as many as 35 times and hearing had ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
