9911796707
TMI Blog2014 (3) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... . DR. 3. ITA No. 861/Ahd/2011 is against quantum addition being confirmed by Ld. CIT(A) vide his order dated 6th January, 2011 and ITA No. 862/Ahd/2011 is against penalty imposed by AO under section 271(1)(c) on such addition, which has been confirmed by Ld. CIT(A) vide its order dated 19-01-2011. First we will take up ITA No. 861/Ahd/2011 4. The assessee has taken following grounds of appeal:- "11. Thai the learned Commissioner of Income Tax (Appeals), Surat grossly erred in dismissing the appeal without appreciation the facts of adjournment. 2. The appellant is in very bad financial crisis and three criminal cases for cheque returned has already been done by the parties and no business since last 10 years. 3. There was no person to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having source of advancing these advances to him. AO however was not satisfied with the explanation/documents furnished by the assessee in support of his claim that sum of Rs. 10,18,560/- was received by assessee from these creditors and therefore he added this amount to the income of the assessee. Interest paid by the assessee to these persons amounting to Rs. 54,60/- was also disallowed and added to the total income of the assessee. The total disallowance therefore worked out to Rs. 10,24,020/-. 7. Assessee carried this matter to the Ld. CIT(A) who after giving opportunity to the assessee dismissed the appeal of the assessee by passing an ex-parte order as assessee did not avail the opportunities provided by the Ld. CIT(A). When the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter was carried before Ld. CIT(A), assessee did not avail the opportunities given by him to present her case before him and therefore by passing an ex-parte order, this penalty was confirmed. When the matter reached hon'ble ITAT, the matter was restored back to the file of Ld. CIT(A) for fresh adjudication as in quantum proceedings matter was restored back to his file. Consequently, the matter was again fixed for hearing. Ld. CIT(A) gave several opportunities to the assessee but assessee chose not to appear before him. He was left with no option but to confirm the penalty levied by AO. 12. Since before us also assessee has failed to appear despite the fact that notice for today's hearing was duly served upon her, it appears that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
