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TMI Blog2021 (12) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... iven a detailed finding relating to the additional evidence filed and held that in light of the findings of the search in Thapar Dhingra Group, the textile trade transactions claimed by the various entities of the group have been found to be sham and mere artificial entries in their books of account. The working of peak submitted by the assessee before the CIT(A) also appears to be incorrect. Thus, all the aspects were properly determined by the CIT(A) and there is no need to interfere with the findings of the CIT(A). Thus, the appeal of the assessee is dismissed. - I.T.A. No. 4871/DEL/2014 - - - Dated:- 15-11-2021 - MS SUCHITRA KAMBLE , JUDICIAL MEMBER AND SH. PRASHANT MAHARISHI , ACCOUNTANT MEMBER Appellant by : None Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s144 issuing alleged notice dated 13.12.2010 fixing the case for the first time 20.12.2010 being the fag end of the time-barring period upto 31.12.2010 without any reasonable . cause. (b) That the learned Assessing Officer was not justified to frame the assessment without issue of statutory notice u/s 143(2) of the Income Tax Act and the assessment being against provisions of law may kindly be quashed. (c) That the learned Assessing Officer was not justified to ignore the procedure to be followed for affixture of notice and the assessment framed by way of illegal affixture of notice u/s 142(1) of the Income Tax Act may kindly be quashed. (d) That the learned Assessing Officer was not justified to commence the assessment pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. CIT (Appeals)-II, has erred in holding the conclusion that the audited books notwithstanding, the book results are required to be rejected, since the narrations are artificial, sham and not reflective of the actual business/commercial transactions. However, the Ld. CIT (Appeals)-II, still relying on these books/book results for the purpose of calculating the peak from the entries in the cash book and /or bank book of the appellant, amounting ? 26,45,567/- for the relevant year under consideration. 8. (a). That on the facts and on the circumstances of the case and the provisions of law, the Ld. CIT (Appeals)-II, New Delhi has erred in sustaining the addition of ? 6,89,078/- as unexplained Investment/Expenditure, ignoring the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of various persons without giving a copy of the same and opportunity to cross examine. 10. That the Ld. CIT (Appeals)-II, has erred in ignoring the explanation given, evidences and material placed and available on record. The same has not been properly considered and judicially interpreted and the same do not justify the additions made. The additions have been sustained with preset mind of the Ld. CIT Appeals and her order is based on surmises, conjectures and suspicion. 11. That on the facts and the circumstances of the case and the provisions of law, the various observations and findings of the Ld. CIT (Appeals)-II, and Ld AO in the impugned appellate order and assessment order, respectively, Assessment Year irrelevant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bers of the HUF have stated vide letter dated 13/12/2010 that they are granddaughters of Late Sh. Mohan Lal Chadha who has expired. Moreover, their father Sh. S. P. Chdha and mother Smt. Usha Chadha have also expired and they are working in a show room on salaries of ₹ 7-8000 per month. There is no HUF in existence as there is no male member in the family. Notice u/s 142(1) along with the detailed questionnaire were issued on 13/12/2010 fixing the case for 20/12/2010. A copy of the Panchnama, reasons for issuing notice u/s 153C and jurisdiction order dated 19/21-10-2010 u/s 127 were sent to the assessee address on 13/12/2010. On the stipulated dated, no one attended personally nor filed any letter seeking adjournment of the case. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and perused all the relevant material available on record. It is pertinent to note that despite giving proper opportunity before the Assessing Officer as well as before the CIT(A), the assessee preferred not appear before the authorities. Therefore, the CIT(A) has rightly proceeded in the appeal filed by the assessee by taking cognizance of the material available at the time of appellate proceedings. The CIT(A) has given a detailed finding relating to the additional evidence filed and held that in light of the findings of the search in Thapar Dhingra Group, the textile trade transactions claimed by the various entities of the group have been found to be sham and mere artificial entries in their books of account. The working of peak submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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