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TMI Blog2023 (10) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... e u/s. 142(1) dt. 07-12-2018, offered the assessee to inspect the impounded material based on which the assessment was re-opened and requested the assessee to be present on 11-12-2018. Assessee chose to ignore this opportunity. The ld. DR has brought on record the service of such notice dt. 07-12-2018 on the assessee on the immediately next day, i.e. 08-12-2018. This shows that the assessee, despite requesting for the inspection of the incriminating material having his name with the amount of on-money, did not turn up to carry out the inspection of the impounded material when a specific opportunity was provided to him. This deciphers that the assessee had no explanation and was just trying to find lame excuses here and there to come out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was seeking to verify the record of the Department on all possible scores without showing non-compliance by the Revenue of all the requisite procedures. The ld. AR could not controvert the submissions advanced on behalf of the Revenue. 3. The Hon ble Supreme Court in the case of National Thermal Power Company Ltd. Vs.CIT (1998) 229 ITR 383 (SC) has held that the Tribunal has jurisdiction to examine a question of law which arises from the facts as found by the authorities below and having a bearing on the tax liability of the assessee notwithstanding the fact that the same was not raised before the lower authorities. The requisite condition for accepting an additional ground is that the relevant facts on that legal issue must be ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of Rs. 56,24,600/- paid in cash. Out of this amount, a sum of Rs. 43.00 lakh was paid during the year. The AO made addition for Rs. 43.00 lakh, which came to be countenanced in the first appeal. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 6. We have heard the rival submissions and gone through the relevant material on record. It is seen that MPD admitted during the course of survey that it received on-money from various persons, which was kept outside the books of account. The name of the assessee specifically appeared in such a list. It was not only a mere admission by MPD, but corresponding record in this regard was also found, which duly recorded the name of the assessee with the amount of on- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from MPD. The AO, vide notice u/s. 142(1) dt. 07-12-2018, offered the assessee to inspect the impounded material based on which the assessment was re-opened and requested the assessee to be present on 11-12-2018. The assessee chose to ignore this opportunity. The ld. DR has brought on record the service of such notice dt. 07-12-2018 on the assessee on the immediately next day, i.e. 08-12-2018. This shows that the assessee, despite requesting for the inspection of the incriminating material having his name with the amount of on-money, did not turn up to carry out the inspection of the impounded material when a specific opportunity was provided to him. This deciphers that the assessee had no explanation and was just trying to find lame excuse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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