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2022 (3) TMI 63

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..... ommercial tax authorities, the Assessing Officer noted that the assessee had shown less sales as compared to the said information. Further, the Assessing Officer had added back certain deposits in the bank account of the assessee treating the same as undisclosed sales proceeds of the assessee. Assessing Officer applied GP rate on the said deposits. CIT(A) after considering the submissions of the assessee observed that there were issues which the AO had not dealt with in his order. He noted that the estimation of sales figures of the Assessing Officer was not correct. However, at the same time, the Ld. CIT(A) noted that the Assessing Officer's requisitions for information were not fully complied with by the assessee. Therefore, he dir .....

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..... as dismissed by this Tribunal for non-prosecution vide order dated 31.01.2018. However, the same was restored vide order dated 09.04.2021. Today again despite notice and despite telephonic intimation, no one has put in appearance on behalf of the assessee/appellant. Therefore, we proceed to decide the present appeal after going through the record and after hearing the Ld. DR. The assessee in this appeal has taken the following grounds of appeal: 1. The Ld. CIT(A) erred in not cancelling the reopening of the original assessment U/S. 147 since the Ld. CIT(A) himself remarked that disclosed sale party Maa Sarbamangala Society for Cultural Education and Aryabhatta Institute of Engineering and Management are none and same as the said So .....

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..... However, neither written submission nor any argument has been addressed on behalf of the assessee on this issue. Even a perusal of the impugned order of the Ld. CIT(A) reveals that this issue was taken by the assessee vide ground No. 1 in appeal before him and the Ld. CIT(A) has noted that the assessee has not brought on record any evidence to show that the Assessing Officer's action was not legally tenable. In view of this Ground No. 1 of the assessee is dismissed. 4. Ground Nos. 2 3: Ground Nos. 2 3 are regarding the deposits/estimation of sales figures for the year under consideration. As per the information obtained by the Assessing Officer from commercial tax authorities, the Assessing Officer noted that the assessee had sh .....

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