9911796707
TMI Blog2022 (10) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... the additional evidence furnished before him and called for the remand report. Based on the assessee s submissions, remand report of the Ld. AO as well as the additional evidences produced by the assessee, the Ld. CIT(A) granted substantial relief to the assessee more that 60% of the quantum additions. In our considered opinion, the onus is on the assessee to appear before the Tribunal and substantiate its claim by producing the cogent material and documentary evidence. In the present case, this lacks on the part of the assessee. Therefore, in the absence of any material / documentary evidence contrary to the decision of the Ld. CIT(A), we are of the considered opinion that there no interference is required in the order of Ld. CIT(A). A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter either assessee or her AR did not respond to the show cause letters issued by the Ld. AO proposing the additions made. Considering the assessee s no response, the assessee proceeded to complete the assessment based on the material available and the submissions made before the Ld. AO. Thus, the Ld. AO completed the assessment u/s. 143(3) and passed assessment order on 28/03/2013 wherein the Ld. AO made certain additions viz., Rs. 99,11,162/- on account of unexplained cash deposits; (ii) disallowance of claim made under Chapter-VIA amounting to Rs. 14,630/- and (iii) Rs. 9,67,000/- on account of unexplained credits aggregating to Rs. 1,08,92,792/-. Aggrieved by the additions made by the Ld. AO, the assessee filed an appeal before the Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. The Ld. DR strongly relied on the orders of the Ld. Revenue authorities and supported their orders. 6. We have heard the Ld. DR and perused the material available on record as well as the orders of the Ld. Revenue Authorities. It is noted from the order sheet that on various occasions, in fact on all occasions, the case was adjourned as there was none appeared to represent the case of the assessee. However, on perusal of the facts, we observed that the though the Ld. AO made additions to the extent of Rs. Rs. 1,08,92,792/-, the Ld. CIT(A) provided sufficient opportunity to the assessee and following the principles of natural justice allowed the additional evidence furnished before him and called for the remand report. Based on the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O and submitted the information called for byt eh ld. AO. During the scrutiny assessment proceedings, the Ld. AO noted that there was large number of cash deposits in the assessee s bank account and the assessee was asked to explain the sources for the said credits. In reply the assessee submitted that the amounts credited in the bank accounts are realized from the debtors during the year. Not satisfied and convinced with the explanation of the assessee and in the absence of any cogent documentary evidence, the Ld. AO made addition of Rs.24,41,066/- on account of unexplained cash credits. Further, the Ld. AO noted that the assessee made certain investments during the year aggregating to Rs. 1,15,04,600/- and the assessee was asked to explai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he orders of the Ld. Revenue authorities and supported their orders. 13. We have heard the Ld. DR and perused the material available on record as well as the orders of the Ld. Revenue Authorities. It is noted from the order sheet that on various occasions, in fact on all occasions, the case was adjourned as there was none appeared to represent the case of the assessee. However, on perusal of the facts, we observed that the Ld. CIT(A) provided sufficient opportunity to the assessee and considered the documentary evidence furnished before him. Based on the assessee s submissions as well as the evidences produced by the assessee, the Ld. CIT(A) granted part relief to the assessee. In our considered opinion, the onus is on the assessee to ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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