2023 (9) TMI 974

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..... ed.
SHRI G.S. PANNU, PRESIDENT, AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER For the Assessee by : None For the Revenue by : Smt. Mahita Nair ORDER The present appeals have been filed by the assessee challenging the impugned order dated 01/03/2023, for the assessment year 2010-11, and the impugned order dated 28/02/2023, for the assessment year 2011-12, passed under section 250 of the Income Tax Act, 1961 ("the Act") by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, ["learned CIT(A)"], which in turn arose from the separate penalty orders passed under section 271(1)(c) of the Act. 2. When these appeals were called for hearing neither anyone appeared on behalf of the assessee nor .....

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..... of income filed on 11/10/2010 be treated as a return filed in response to the aforesaid notice issued under section 148 of the Act. In order to verify the genuineness of the purchases, notices under section 133(6) of the Act were issued to those parties. However, these notices were returned unserved by the postal authorities. Thereafter, the assessee was asked to produce these parties, however, the assessee also failed to discharge the onus of producing the parties. Accordingly, the Assessing Officer ("AO") vide order dated 31/12/2015 passed under section 143(3) of the Act by referring to the material provided by the Sales Tax Department came to the conclusion that the assessee has been unable to give any convincing or cogent explanation as .....

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..... of the Act for concealment of income. Being aggrieved, the assessee is in appeal before us. 7. During the hearing, the learned DR explained the facts of the case and vehemently relied upon the order of the lower authorities. 8. Having heard the learned DR and perused the material available on record, we find that in the impugned order, the learned CIT(A) after considering the submissions filed by the assessee and findings of the AO has dismissed the appeal filed by the assessee. In the absence of any contradictory material being available on record, we are of the considered view that the impugned order passed by the learned CIT(A) requires no interference and, therefore, is upheld. Accordingly, the ground raised by the assessee is dismiss .....

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