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TMI Blog2019 (2) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... been heard together and are being disposed of by a single consol idated order. 2. The assessee in the present case is a Company. The investigation carried out by the Department of Income Tax (Investigation), Kolkata revealed that some entities were involved in providing accommodation entries to various companies based in Mumbai , which in turn had used the said funds for payments to Madhipura Mercanti le Cooperative Bank at Mumbai , which was control led by Shri Ketan Parekh. Since the assessee company was one of such entities, the statement of its Director Shri Pramod Sharma was recorded under section 131 by the DDIT (Investigation), Kolkata on 15.12.2006. In the said statement given on oath, Shri Pramod Sharma accepted that he had got ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the unexplained income to that extent in the form of cash given by the Mumbai based companies was assessable on substantive basis in the hands of the said companies. The Assessing Of f icer also completed the assessments for A.Ys. 2006-07 and 2007-08 under sect ion 143(3) vide orders dated 31.12.2008 and 31.12.2009 wherein he made simi lar addit ion on account of commission income at the rate of 2% amounting to Rs. 25,82,000/- and Rs. 14,43,919/- to the total income of the assessee for A.Ys. 2006-07 and 2007-08 respectively. He also made additions of Rs. 12,91,00,000/- and Rs. 7,21,95,941/- simi larly on protective basis in the assessments completed under sect ion 143(3) for A.Ys. 2006-07 and 2007-08 respectively for the total amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the AO. For, the ld. CIT(A) had cal led for the report vide his letter dated 23.07.2009 which was fol lowed by the reminders dated 17.08.2010and 13.07.2011. Also the AO has not responded to the not ice u/s 250 served on him on 01.03.2013. None has appeared on behalf of the department on the date of hearing on 07.03.2013. I note for the purposes of record that the AO has not even responded to the letters of the CIT(A) . In thi s factual background; given the fact s of the case and the findings of the AO in hi s assessment order; ' and also, the decisions of the Hon'ble juri sdict ional ITAT in similar cases involving identical facts and circumstances, the present appeals is now being decided on the basis of the material avai lable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erusing the relevant material available on record. The two common issues involved in all these three appeals relate to the deletion by the ld. CIT(Appeals) of the additions made by the Assessing Officer on account of alleged accommodation entries given to the Mumbai based Companies on protective basis and the deletion by the ld. CIT(Appeals) of the addition made by the Assessing Officer on account of commission income allegedly received by the assessee for giving accommodation entries. It is observed that the similar issues were involved in some other cases and all these cases were adjourned in the past and also blocked for some period for getting the information about the status or outcome of the cases where the similar amounts were added ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. The Hon'ble Gujarat High Court held that the Tribunal was not justified in proceeding with the matter and in disposing of it instead of blocking it ti l l the disposal of the matter pending in the Hon'ble Supreme Court in order to bring it inconformity with the view of the Hon'ble Supreme Court. The Hon'ble Gujarat High Court accordingly directed the Tribunal to keep the matteraive and pending awaiting the decision of the Hon'ble Supreme Court in the proceedings arising from the substantive assessment. 5. In the present case, the ld. CIT(Appeals) did not await the outcome of the proceedings arising from the substantive assessment and since the said information was not forthcoming even after a considerable period from the concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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