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TMI Blog2018 (11) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee does not want to prosecute the appeal. According to us the ld CIT(A) does not have the power to dispose off the appeal other then on the merits. - Decided in favour of assessee for statistical purposes. - ITA No. 518/Del/2018 - - - Dated:- 2-11-2018 - SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For The Assessee : Shri Mukul Gupta, CA For The Revenue : Shri Vijay Kumar Jiwani, Sr. DR ORDER PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the assessee against the order of the ld CIT(A)-38, New Delhi dated 18.09.2017 for the Assessment Year 2008-09, raising following grounds of appeal:- 1. The learned CIT(A) has erred on facts and in law in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in law in upholding the addition of ₹ 54,000/- u/s 68 as alleged commission paid for obtaining accommodation entries. 6. The learned CIT(A) has erred on facts and in law by not adjudicating ground of initiation of penalty proceedings u/s 271(1)(c) without any material on record. 2. Brief facts of this issue involved in this appeal are three as under: a. Whether reopening of assessment u/s 148 is proper, b. Whether addition made u/s 68 of ₹ 30 lakhs is in accordance with law c. Whether the addition of ₹ 54000/- u/s 68 on account of alleged commission paid for accommodation entries is in accordance with law. d. 3. Brief facts of the case is that the assessee is a company who filed its return of income o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has not filed the bank statement in case of other companies. The ld AO asked the assessee to produce the relevant information with respect to identity, genuineness of the share capital. The assessee was also asked that why the addition of ₹ 30 lakhs should not be made in the hands of the company. Based on this the ld AO issued another notice on 07.03.2016. in this notice the ld AO mentioned the complete details about the information available about those share holders. The ld AO further issued the list of companies controlled by Mr. S.K. Jain and also evidence in the form of seized material showing the working of the commission. The ld AO did not filed any submission which could rebut the analysis given by the ld AO. Hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... address. On merits he submitted that the assessee has obtained share capital in the form of accommodation entry from Mr. S.K. Jain and same are not genuine. 7. We have carefully considered the rival contentions and noted that the assessee has filed revised Form No. 36 which shows the correct address now. The above address is different from the original address shown by the assessee in Form No. 35. The notice were sent by the ld CIT(A) at the old address. We are of the view that the assessee should have intimated the change of address to the ld CIT(A) by filing revised Form No. 35 which the assessee has admittedly not done. Further, we noted that the ld CIT(A) has disposed off the appeal stating that the assessee does not want to prosecut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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