9911796707
TMI Blog2025 (2) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... 50(6) of the Act which is hereinafter referred to as the "impugned order". The relevant assessment year is 2019-20 and the corresponding previous year period is from 01.04.2018 to 31.03.2019. 2. Factual Matrix 2.1 The assessee is engaged in the business of making and selling sweets during the year under consideration assessment year 2019-20. 2.2 That the assessee filed its return of income for the assessment year 2019-20 on 31.10.2019 declaring total income of Rs. 29,82,510/-. 2.3 The return filed by the assessee was processed under Section 143(1) of the Act. 2.4 That a survey operation under Section 133A(1) of the Act was conducted on 24.10.2018 at the business premises of the assessee. During the course of survey, various documents w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Chand Sweets for assessment year 2019-20 by surrender letter dated 24.10.2018. The assessee had duly paid tax of Rs. 22,43,500/- [which includes surrender tax of Rs. 21,00,000/- under Section 115BBE of the Act] and had complied with the voluntary submissions made at the time of survey. Copy of 26AS was enclosed too. 2.7 The ld. AO basis perusal of ITR, Challan credit as per ITR and Ack of ITR learnt that the assessee had not full filled tax liability as was sought to be claimed in its reply (supra) till the date of filing of return. In view of this factual position, the assessee has failed to deposit the tax as per the additional income of Rs. 27,18,500/- as per the provision of Section 115BBE of the Act. 2.8 The ld. AO keeping in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal uncalled for and against the law & facts. 2. That the Ld. Commissioner of Income Tax (Appeal) has sustained the additions merely on conjectures and surmises without any legal basis. 3. That, the grounds of appeal raised with Ld. Commissioner of Income Tax (Appeal) is as follows :- (i) That Assessing Officer has wrongly applied rate of Income Tax as per provisions of section 115BBE of Income tax Act. 1961 on Rs. 27,18,500.00 Provisions of section 115 BBE may please be deleted & normal tax rate is to be applied on Rs. 27,18,500.00. (ii) That, the Assessing Officer has failed to appreciate the submissions made by Assessee in surrender letter at the time of survey that surrender of business income of Rs. 27,18,500.00 is sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y for appeal. The ld. DR appeared for and on behalf of the Revenue and interalia contended that at both the stages below i.e. before ld. AO and before CIT(A), the assessee has remained dormant and has not effectively pursued anything. Under these circumstances, he left it to this Tribunal to take appropriate decision in accordance with law. 4. Observations, findings and conclusions 4.1 We have examined the papers and records of the case and after carefully perusing the same we are of the considered view that almost both the orders of lower authorities are ex-parte meaning thereby that assessee despite opportunity after opportunity has not explained his case on merits . Consequently, there is no effective disposal of the case on merits esp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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