2008 (3) TMI 254 - HC - Income Tax

Addition on account of investment in FDRs - undisclosed income CIT (A) upheld the additions as assessee not appeared despite many adjournments Tribunal dismissed the appeal of the appellant as infructuous and remanded matter to AO to frame the assessment de novo appellant s contention that order of the Tribunal is in divergence to the rules of judicial consistency as proceedings have already become time barred, is not acceptable - no prejudice has been caused to the appellant

Summary

Issues:
1. Appeal under Section 260-A of the Income Tax Act, 1961 against the Tribunal's order.
2. Justification of dismissing the appeal as infructuous.
3. Sustainability of Tribunal's order against Section 153(2A) provisions.
4. Assessment of income, additions, and appeals related to undisclosed income and investments.

Analysis:
1. The appellant, a proprietor in the lottery business, filed an appeal under Section 260-A against the Income Tax Appellate Tribunal's order for the assessment year 1996-97. The substantial questions of law raised included the justification of dismissing the appeal as infructuous and the sustainability of the Tribunal's order against Section 153(2A) provisions.

2. The assessment made under Section 144 resulted in additions to the income declared in the return, including unexplained income, investments in a car, FDRs, and expenses. The appellant's appeal against the assessment order led to the deletion of certain additions, while the issue of investment in FDRs was remanded to the Assessing Officer. Subsequent appeals and orders resulted in the matter being remanded for de novo assessment.

3. Despite various notices, the appellant failed to appear for hearings, leading to the dismissal of appeals by the Commissioner of Income Tax (Appeals). The Tribunal, in a subsequent order, set aside previous decisions and directed the Assessing Officer to conduct a fresh assessment. The appellant's argument against the dismissal of the appeal as infructuous and the mechanical remand was found to lack merit by the Tribunal.

4. The Tribunal's dismissal of the appellant's appeal was upheld, emphasizing that the Assessing Officer should frame a fresh assessment as per the Tribunal's directive. The Tribunal found no prejudice caused to the appellant and concluded that the questions raised did not arise from the impugned order. The order of the Tribunal was deemed appropriate, and no legal question necessitated further determination.

In conclusion, the appeal was dismissed, affirming the Tribunal's decision and the direction for a fresh assessment by the Assessing Officer as per the Tribunal's order.