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TMI Blog2016 (11) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... ,principle in favour of the assessee as the assessee has argued that he has also offered the balance of ₹ 28,94,843/- in subsequent years and tax has been paid in subsequent years. Since the AO as well as Ld. CIT(A) has taken a specific stand that the assessee has not submitted any copy of return of income which would shows that the assessee has offered the balance of ₹ 28,94,843/- from M/s Amalgamated Bean Coffee Trading Co. Ltd. for taxation. Therefore, in the interest of justice and while setting aside the order of Ld. CIT(A), we remit the matter back to the file of AO with a direction to the assessee to file copy of return of income which shows that assessee had already paid tax on the balance of ₹ 28,94,843/- from M/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal before us on the ground mentioned herein below: 1. The Ld. CIT(A) erred in deciding the appeal filed by your appellant as exparte. The last adjournment for the hearing dt. 23/04/2012, was not noted by the staff of Chartered Accountant s office ad therefore due to lack/ oversight, the hearing was not taken place which is otherwise always obeyed by either attended or sought adjournment by your appellant which is referred n the order. 2. The Ld. CIT(A) erred in not considering the facts of the case mentioned in the Statement of Facts along with Form of Appeal as well as submitted before Ld. A.O. being letter dated 28/11/2011 from your Appellant giving reconciliation of turnover as per OLTAS and book of accounts. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at initially case was fixed for hearing on 28/03/2012 and the assessee had requested for Adjournment. The matter was adjourned to 23/04/2012 but no one appeared. Again the case was fixed for hearing by issuing fresh notice even then no one appeared on behalf of the assessee. 8. Before Ld. CIT(A), the AO requested for disposing the case as the tax demand was unnecessary locked up. Therefore, the Ld. CIT(A) after providing reasonable opportunities of hearing had decided to proceed to disposed off the appeal on the basis of Statement of Facts and other material available on record. 9. After considering the argument of both the parties and after perusal of the order passed by Ld. CIT(A), we are of the considered view that the CIT(A) has prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mated Bean Coffee Trading Co. Ltd. 2,32,595/- b) Liladhar Pasco Forwarders Pvt. Ltd. 59,836/- Total 2,92,431/- 2) Work in Progress: I am received advance from ABCT Co. Ltd. Start Work at various site but bill will be accepted only when work is completed. I am already made expenses. Till that Amount we are shown as work in progress. Further, vide letter dated 28/11/2011 the AR of the assessee submitted the following: I follow mercantile basis of accounting and had received advance from Amalgamated Bean Coffee Trading Co. Ltd. ₹ 1,02,64,469/- for our various site out of wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of accounting and had received advance from M/s Amalgamated Bean Coffee Trading Co. Ltd. of ₹ 1,02,64,469/- for various sites out of which work was completed and bill raised of ₹ 73,69,626/- and the same amount is offered for tax. It is further submitted that there is no loss of Revenue to the department as the balance of ₹ 28,94,843/- was already offered in subsequent years and tax is paid in subsequent years. 12. On the other hand Ld. DR relied upon the orders passed by Revenue authority. 13. We have heard the rival submissions and also perused the material placed on record before us. 14. After considering the facts of the present case we find that the AO as well as Ld. CIT(A) has added the amount of ₹ 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Bean Coffee Trading Co. Ltd. for taxation. Therefore, in the interest of justice and while setting aside the order of Ld. CIT(A), we remit the matter back to the file of AO with a direction to the assessee to file copy of return of income which shows that assessee had already paid tax on the balance of ₹ 28,94,843/- from M/s Amalgamated Bean Coffee Trading Co. Ltd. and there after AO is directed to verify the same and if the AO found that the amount has already been offered for taxation, then the Assessing Officer is directed to delete the addition. Following the discussion we allow this ground of appeal of the assessee. 16. In the result appeal of the assessee is partly allowed. Order pronounced in the open court on 09 Septem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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