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TMI Blog2016 (8) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorities below in making additions/disallowances in the income returned by the assessee. The impugned order is upheld and the appeal of the assessee is dismissed. - ITA No. 856/PN/2014 - - - Dated:- 30-6-2016 - SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM For The Assessee : N O N E For The Revenue : Shri Anil Chaware ORDER PER VIKAS AWASTHY, JM : This appeal filed by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-I, Nashik dated 25-02-2014 for the assessment year 2009-10. 2. A perusal of the noting sheet of the case file shows that despite repeated notices neither the assessee nor any authorized representative of the assessee had appeared. The appeal was first listed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. DR and the material available on record. 3. The brief facts of the case as emanating from records are: The assessee is engaged in the business of Green House Construction and Floriculture. The assessee filed his return of income for the impugned assessment year on 30-09-2009 declaring total income of ₹ 3,48,000/-. The case of the assessee was selected for scrutiny under CASS and accordingly, notice u/s. 143(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) was issued to the assessee on 17-08-2010. During the course of scrutiny assessment proceedings a questionnaire for furnishing information/particulars was issued to the assessee by the Assessing Officer on 05-08-2011. One Shri Sandeep Pahade, Chartered Accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019/- v. Unexplained cash deposits ₹ 3,30,500/- Total ₹ 10,73,355/- Aggrieved by the assessment order dated 27-12-2011 passed u/s. 144 of the Act, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals). Even before the Commissioner of Income Tax (Appeals) none appeared on behalf of the assessee despite repeated notices. The Commissioner of Income Tax (Appeals) afforded several opportunities of hearing to the assessee i.e. on 19-02-2013, 08-03-2013, 25-07-2013, 02-08-2013, 21-11-2013 and finally on 18-11-2013. In the absence of any cogent material rebutting the additions/disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen no bank interest of ₹ 2,97,019/- was debited to the audited profit loss account and without any reasoning in support of arising of the figure of ₹ 2,97,019/-. 4. On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) erred in confirming the addition / disallowance of ₹ 3,30,500/- made by the Assessing Office: on adhoc basis in spite of the fact that the cash deposit in the bank account were duly reflected in the audited books of accounts and copy of the audit report and account extracts were submitted to the assessing officer. 5. On the facts and in the circumstances of the case and in law the Hon'ble CIT(A) erred in confirming the additions/ disallowances as the Assessin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of telephone and mobile, petrol and diesel and vehicle expenses, ₹ 1,000/- on account of donation, ₹ 3,32,336/- on account of unconfirmed sundry creditors, ₹ 2,97,019/- on a/c of bank interest disallowed u/s. 14A and ₹ 3,30,500/- on account of unexplained cash credits. The appellant has taken grounds against all these additions before me. The appellant's contention that no proper opportunity was given to him during the assessment proceedings is contrary to the facts of the case. I find from the assessment order that the AO had provided repeated opportunities to the appellant to furnish details with regard to expenses, creditors, cash deposits in the bank etc. However, the appellant chose to ignore the various s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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