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TMI Blog2023 (1) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... nd mentioned by us above. Even in further appeal before the Tribunal, as order-sheet reveals the assessee has been given as many as five opportunities to prosecute its appeals, but all the while, the assessee remained absent and did not participate in the proceedings before us, despite service of notices. Therefore, it is clear that the assessee except coming forward to file appeals before the appropriate authorities, is not interested in following up with its matter. We also find that the authorities below have given concurrent finding of fact and on that basis the ld.CIT(A) maintained the addition made by the AO. In the absence of any representation from the assessee, and in the absence of any material on record to support the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 the notice was served by the Department by affixture and evidence filed before us. The assessee has not intimated the Registry about change of address if any. Even in appellate proceedings before the Ld.CIT(A) the assessee, we have noted, remained unrepresented. In this view of the matter, it is evident that the assessee is not interested in pursuing its appeal, and accordingly, we proceed to adjudicate the appeal ex parte. 3. The grounds raised by the assessee in the appeal read as under: 1. The grounds raised in this appeal are without prejudice to one another. 2. The learned A.O. grievously erred in law and on facts in reopening the assessment when the same was not warranted /on the facts of the case and was not in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eipt of notice u/s.148, assessee vide reply dated 26-03-2012 strongly contend that the re-assessment proceedings for the aforesaid year is not justifiable in law and is without jurisdiction. However, it is stated that the returns filed u/s.!39(l) vide ack. No.44939370300908 dated 30-09-2008 may be treated as return filed in response to notice u/s.148 of the I.T. Act. Reply to the objections raised was given to the assessee vide this office letter dated 22-06-2012 as under: The undersigned has gone through the letter filed by you. As per this letter you have objected to reassessment proceedings on the basis that notice u/s 148 is not justifiable in law and is without jurisdiction. These objections are very general and routine in nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the DVO which was forwarded to the DVO but the DVO while rejecting the objection, confirmed the valuation so worked out. Accordingly, the AO added the same to the total income of the assessee-firm as unexplained investment. The reply of the DVO and conclusion of the AO in this regard are as under: 5. The above objections raised by the assessee were forwarded to Departmental Valuation Officer for further comments. Reply vide letter No.2(15)/VOR/2011-12 dated 21-11-2012 is received from the Departmental Valuation Cell as follows: Parawise replies to the Assessee's objections are as under. Para 1 4(C):- The plinth areas adopted are as per actual measurements taken at site in presence of representative of the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment proceedings, it was found that there are defects in the books of accounts maintained by the assessee. Thus books results were rejected. Hence, the following difference in valuation of assets is arising and the same is added in the total income of the assessee firm as unexplained investment: Sr. No. Description of asset Value of assets declared by the assessee Value of assets as per Valuation officer Difference 1 Plant and Machinery Rs.2,78,45,094/- Rs.2,81,80,470/- Rs.03,35,376/- 2 Cost of investment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Revenue authorities. We find that the ld.AO has made the impugned addition on merit, which was subsequently challenged before the ld.CIT(A). However, there was no contest on behalf of the assessee before the ld.CIT(A) despite several opportunities being given to the assessee, as noted by the ld.CIT(A) in his impugned and mentioned by us above. Even in further appeal before the Tribunal, as order-sheet reveals the assessee has been given as many as five opportunities to prosecute its appeals, but all the while, the assessee remained absent and did not participate in the proceedings before us, despite service of notices. Therefore, it is clear that the assessee except coming forward to file appeals before the appropriate authorities, is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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