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TMI Blog2023 (1) TMI 362X X X X Extracts X X X X X X X X Extracts X X X X ..... peal filed by the assessee. During the course of hearing, when defect was brought to the notice of the learned AR present, he has submitted that delay in filing of appeal is mainly due to lockdown imposed by the Govt. on account of spread of Covid-19 infections and which needs to be excluded for computing limitation in view of judgment of the Hon'ble Supreme Court in Miscellaneous Petition No.21 of 2022 in Suo Motu Writ Petition (C) No.3 of 2020, if the period of delay is covered within the period specified in the order of the Apex Court, then same needs to be condoned in view of specific problem faced by the public on account of Covid-19 pandemic. 2.1 The learned DR, on the other hand, fairly agreed that delay may be condoned in the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pened u/s.147 of the Act. In response to the notice u/s.148 of the Act, the assessee has filed return of income for the AY 2015-16 on 18.04.2018 and declared total income of Rs.55,40,190/-, which includes additional income offered on account of unaccounted sales noticed during the course of survey. The case has been taken up for scrutiny and during the course of assessment proceedings, the AO noticed that the assessee has made unaccounted purchases to the tune of Rs.75,67,705/-. The assessee was called upon to explain source for unaccounted purchases, for which, the assessee submitted that income earned on unaccounted sales have been plugged back into the business which is in the form of unaccounted purchases. The assessee has already admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. 6. We have heard both the parties, perused the materials available on record and gone through orders of the authorities below. A survey u/s.133A of the Act, was conducted in the business premise of the assessee. During the course of survey, unaccounted purchases & unaccounted sales were noticed. The assessee had admitted unaccounted purchases & unaccounted sales and also offered gross profit on unaccounted sales as income for the AYs 2015-16 to 2017-18 and filed revised return and also paid taxes. The AO, once again, made addition towards unaccounted purchases on the ground that source was not explained. We do not agree with the reasons given by the AO for the simple reason that when survey team was noticed unaccounted purchases & unac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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