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TMI Blog2021 (4) TMI 786X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. From the relevant extract of para 19 of the order of the tribunal it is evident that despite opportunity being available to the assessee before the tribunal, the as. Has not produced any material before the tribunal. Apart from this, in the fact situation of the case, in our considered opinion, the relief has already been granted to the assessee in proceedings under Section 154 of the Act, therefore, the challenge to the impugned order has been rendered academic. It is therefore not necessary for us to adjudicate the validity of the order dated 14.07.2017 passed by the tribunal and to answer the substantial questions of law. - I.T.A. NO.867 OF 2017 - - - Dated:- 6-4-2021 - HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sustainable? . 2. Facts leading to filing of this appeal briefly stated are that the assessee was operating horses on regular basis under Bangalore Turf Club. The assessee had taken horses on leases and also has owned horses. Some transactions took place between the ass. And one participant viz., Mr.Cherian Abraham, in pursuance of which a Memorandum of Understanding was executed on 07.04.2011 between the assessee and the aforesaid Mr.Cherian Abraham. A search proceeding was conducted in the premises of M.M.Prasanna Kumar and others on 06.12.2012. As a consequence of the aforesaid search, there was a search in the premises of the assessee as well under Section 132 of the Act. Thereafter, the assessee was served with a notice under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assessee even refuse to give the acknowledgement of the service of the notice. Therefore, in view of the fact that the assessee's conduct was non-co-operative and causing delay in the proceedings the assessee has failed to make out the cause that there was a violation of principle of natural justice. Apart from seeking one more opportunity of being heard before the CIT (Appeals), the assessee has not produced before us any material, record or facts to controvert the findings of the Assessing Officer on merits of the addition except a copy of MOU dt. 7.11.2011 which was not either claimed or filed before the authorities under Section 154 which is pending adjudication then it is up to the wisdom of the CIT (Appeals) to consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt that despite opportunity being available to the assessee before the tribunal, the as. Has not produced any material before the tribunal. Apart from this, in the fact situation of the case, in our considered opinion, the relief has already been granted to the assessee in proceedings under Section 154 of the Act, therefore, the challenge to the impugned order has been rendered academic. It is therefore not necessary for us to adjudicate the validity of the order dated 14.07.2017 passed by the tribunal and to answer the substantial questions of law. In the result, the appeal is disposed of has having rendered academic. However, it is clarified that the observations made in this order shall not have bearing on any other proceedings, if pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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