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TMI Blog2015 (2) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence and books of account. The appellant had not controverted the finding give by the Assessing Officer before the learned CIT(A). Therefore, we also uphold the order of the learned CIT(A) who had confirmed the addition by observing that the assessee had been provided sufficient opportunity to produce the books of account before the Assessing Officer but he failed to produce the same and had not established the genuineness of the expenses. - Decided against assessee. - ITA No. 546/JP/2011, C.O. No. 26/JP/2014 - - - Dated:- 16-1-2015 - Shri R. P. Tolani, JM And Shri T. R. Meena, AM,JJ. For the Petitioner : Shri Ajay Malik (Addl.CIT) For the Respondent : None (Date was noted) ORDER Per: T. R. Meena, A.M. The a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant craves to add, alter, amend or withdrawn any of the ground of appeal after, before or at the time of hearing of appeal. 2. With regard to sole ground of the revenue s appeal and ground No. 2 and 3 of the assessee s C.O., the learned Assessing Officer observed that the assessee had shown credit entry in his bank account at ₹ 46,29,770/-. Out of this, a sum of ₹ 25,35,000/- was deposited in cash on various dates. The Assessing Officer gave reasonable opportunity of being on this issue but no explanation was filed by the assessee. He further found that this credit entries included transfer and clearing amount to the tune of ₹ 20,94,770/-. The assessee had shown total sales of ₹ 19 lacs in his return. Accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of liability, which was also alleged to be received from three companies, for which, no confirmation and copy of bank account has been filed. He also confirmed the addition of ₹ 2,02,500/-. 4. Now the Revenue is in appeal as well the assessee is in C.O. before us. The learned D.R. vehemently supported the order of the Assessing Officer. No one has appeared on behalf of the assessee even notices were served to him. 5. We have heard the learned D.R. and perused the material on record. We have also perused the order of the learned CIT(A), who had analysed the cash deposited in the bank account and withdrawal made on various dates in the both the accounts i.e. in Axix Bank and Malviya Urban Cooperative Bank, Jaipur. There is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that trading result rejected by the learned Assessing Officer is justified. The entire expenditure of ₹ 12,46,053/- claimed by the assessee was paid in cash. The appellant had shown brokerage and commission receipts of ₹ 19 lacs. However, no details of brokerage and commission had been submitted by the appellant before him. The appellant had shown commission income from M/s Aerens Builders Pvt. Ltd., New Delhi. The ACIT, Circle-6, Jaipur, the Assessing Officer issued summons to said company to furnish copy of assessee s ledger account in its books of account, however, the payer had not been complied with the summons. As per MOU dated 05/05/2006 signed between M/s Aerens Builders Pvt. Ltd., New Delhi and assessee, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h any evidence to controvert the finding give by the Assessing Officer in his assessment order. Therefore, he confirmed the addition made by the Assessing Officer. 8. Now the assessee is in C.O. before us but no reply alongwith evidences were furnished by the assessee, therefore, we are of the view to take decision on the basis of facts available on record. The learned DR also argued that the assessee was always non-cooperative and had not given full information of the business activities and expenses to the lower authorities. Therefore, the same may be confirmed. 9. We have heard the rival contentions and perused the material on record. The learned CIT(A) had examined all the aspects of expenses claimed by the assessee with evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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