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TMI Blog2023 (4) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... of his representatives remained present. It is further noticed that the appeal of the assessee was instituted on 28.1.2020. Thereafter, the case of the assessee was listed on five occasions, but all the hearings remained unattended. Further except on one occasion, i.e 08-09- 2022, no application seeking adjournment was also filed. The Registry has also noted that no power of attorney in favour of any counsel has been filed with the appeal. In this view of the matter, it demonstrates that the assessee is not interested in pursuing its appeal, and accordingly, we proceed to adjudicate the appeal ex parte. 3. The grounds of the appeal raised by the assessee are as under: 1. The Hon'ble CIT(A) has erred in law as well as facts in not deleti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d credited other than cash in the bank account maintained with the State Bank of India. The assessee was asked to explain source of the deposits, however, despite number of opportunities being given to the assessee to explain source and nature of deposits, the assessee failed to do so. Till the date of the assessment order, neither the assessee nor his authorized represented participated in the proceedings nor filed any submission or reply. Therefore, in the absence of any explanation or justification from the assessee, the ld.AO proceeded to make the impugned additions as under: "3.2 The above said show cause notice has been duly served upon the assessee. As per the above said show cause notice, the assessee was required to submit his re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence. However, in the present case, the assessee failed to discharge the onus that cast upon him. There is no evidence at all in this case. Accordingly to the provisions of section 69A of the Act, if " the assessee is found to be the owner of any money, bullion, jewellery or other valuable article and such money, bullion, jewellery or valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of acquisition of the money, bullion, jewellery or other valuable article, or the explanation offered by him is not, in the opinion of the [Assessing] Officer, satisfactory, the money and the value of the bullion, jewellery or other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everal opportunities to the Appellant. Considering the facts, the impugned amount of Rs.19,53,079/- was treated as unexplained money within the meaning of provisions of section 69A of the Act and treated as income earned from undisclosed sources by the AO. Even the same fact has been well accepted by the Appellant in the statement of facts verified by him in Form No.35 filed by him while preferring the appeal before the undersigned. 5.2 The Appellant has not submitted any details in support of grounds appeal. The Appellant had deposited an amount of Rs. 16,84,000/- cash and Rs. 2,69,079/- other than cash in his bank account maintained with State Bank Of India, VagadiaBranch. Despite several opportunities, the Appellant failed to justify t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oduced by us hereinabove. Even before the Tribunal, after filing appeal, assessee has not come forward to attend in response to any of the notices nor filed any submissions. 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. In the absence of any representation from the assessee, and in the absence of any material on record to support the case of the assessee, the concurrent findings of the authorities below remain uncontroverted before us. Therefore, the order of the ld.CIT(A) upholding the addition of Rs.19,53,079/- calls for no interference. Thus, grounds of appeal raised by the assessee are accordingly rejected. 9. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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