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TMI Blog2013 (1) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... n record came to the conclusion that to the extent CIT [A] confirmed the additions, no interference was called for & for rest of the parties, the AO had given number of opportunities to the assessee to produce them but assessee had not furnished even the names and addresses of such creditors, thus the Tribunal was unable to give further relief to the assessee. Tribunal having committed no error to the extent that the assessee could not establish genuineness of the credits by producing necessary documentary evidence; even at the appellate stage. Assessee's submission that if the Tribunal had adjourned the matter the assessee would have moved an application for production of additional evidence to establish the genuineness of credits is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch being the observation of the Tribunal, Division Bench of this Court vide Order dated 28th June 2012 had permitted counsel for the appellant to file Order-sheet of the Tribunal, which may show that on what dates, the matter was listed on the Board and it was adjourned to what date. Accordingly, the appellant has produced before us, the rojkam of the Tribunal pertaining the case on hand. Such document may be taken on record. On the basis of such document, counsel vehemently contended that the Tribunal has committed serious error in drawing a conclusion that the appellant had failed to show any attempt to pursue the appeal. He submitted that on 1st March 2010, when the appeal was last fixed for hearing also, the appellant had applied for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely, order was pronounced on 12th March 2010. From the above, it may be noted that atleast on three or four occasions; either the appellant prayed for time, or no one remained present before the Tribunal. If therefore, the Tribunal proceeded to hear the appeal on merits, after not accepting further request of the appellant for adjournment, we do not find Tribunal committing any serious error. As per rules, the Tribunal is not authorized to dismiss an Appeal for default but is required to decide the same on merits; even if there is no representation by the appellant.Coming to the question of the findings of the Tribunal, we noticed that the Assessing Officer had made certain additions disbelieving the genuineness of the cash credit. Such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dits to be bogus and also had agreed to surrender the income in the revised return, but, only a part of bogus credits were disclosed as undisclosed income . In such a situation, burden is very heavy on the assessee to prove the genuineness of the credits of rest of the amount, which the assessee has not disclosed in the revised return despite admitted in the voluntary statement recorded on the date of survey. Tribunal noted that the assessee did not produce any such material either before the Assessing Officer or even before the appellate authority. In that view of the matter, the Tribunal was unable to give further relief to the assessee. On merits also, we do not find Tribunal having committed any error to the extent that the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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