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2022 (11) TMI 532

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..... e company concealed its own identity, address as well as the identity and address of its directors. The motive being that in case the assessee company is burdened with the additions/taxes, it may avoid the payment of the same by concealing its identity and identity of its directors. The assessee/appellant has not come to the court with clean hands. The appellant in this case wants to abuse the process of law. Facts are apparent that the assessee/appellant company being a paper company has indulged in routing the unaccounted money. The assessee company miserably failed to prove not only its existence, identity and the identity of its directors, but also the identity, credit worthiness of share subscribers and genuineness of the transactio .....

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..... y for their personal deposition and to produce the following details:- 1. Proof of your photo identity/PAN card 2. List of companies where you were Director/shareholders from the AY 2008-09 till date with dates of appointments thereto with DIN 3. Proof of acknowledgment of filing your personal IT Return, copies of accounts 4. Proof of your address 5. Copy of bank statement of your company reflecting the all transaction during the period of 01.04.2011 to 31.03.2012 with complete narration source of fund 6. Produce the Director of investors company along with their proof of Photo identity and copy of bank statement of their company reflecting the all transaction during the period 01.04.2011 to 31.03.2012 w .....

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..... authority Addressee/ Absent/ Intimation on 4.8.22 Final/Intimation served on 5.8.22. Since no one appeared on behalf of the appellant/assessee on 16.8.2022, therefore, following order was passed:- 16 Aug 2022 Notice of hearing of appeal was sent to the assessee through RPAD as well as through email. However, no one has put in appearance on behalf no one of the appellant. In the interest of justice, let the notice be again sent through RPAD and email for 27th September 2022. 8. However, on the next date of hearing i.e on 27-09-2022, Shri Abhishek Bansal, Ld.AR appeared on behalf of the assessee and filed Power of Attorney in favour of Shri S.M. Surana, Advocate, Shri Sunil Surana, FCA, and Shri Abhishek Bansal, FCA. This Tribunal to .....

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..... ssessee. Under the circumstances, it is directed that the assessee will furnish its proper address, name of the directors of the assessee company along with their name, address and identity proof etc. The copy of the address as well as name and identity proof of the director of the assessee company may also be given to the DR which may be forwarded to the concerned Assessing Officer. With the above direction, the case is adjourned to 02.11.2022. 9. A perusal of the above order reveals that this Bench of this Tribunal had made a categorical observation, from the above stated facts and circumstances that it appeared that on the one hand appellant/assessee wants to contest the appeal but at the same time, the assessee wants to conceal its .....

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..... acknowledgement of filing of personal I.T returns of the directors, copy of account, proof of address, copy of bank statement of the company reflecting the transactions during the period 01.04.2011 to 31.03.2012 with complete narration source of funds as well as the details of the directors of the investors companies along with a write up on justification of large premium. 12. As noted above, the ld. AO has not only asked the assessee to furnish the required documents to prove the identity and creditworthiness of share subscribers, but also about the identity of the assessee company as well as its directors . The assessee company did not furnish the aforesaid details before the ld. AO, which means that the assessee right from the very .....

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