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TMI Blog2024 (6) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... High-pitched assessment - As stated that the order passed by the learned lower authorities is illegal being high-pitched, the assessee has not given any evidence that why it is a high-pitched assessment the income of the assessee is assessed merely at Rs 256,184/ and therefore same is not high-pitched. Accordingly ground of the appeal is dismissed. Tax credit denial - All the persons who have paid manpower services to the assessee, has deducted tax at source. The ld. AO should verify from each of such person to confirm whether the TDS made by them is correct and such services are rendered by the assessee by issuing summons u/s 131 or by issue of notices u/s 133 (6) of the act. AO may also examine them. As huge TDS is outstanding which need ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e basis of search. No contrary evidence is provided before us. However, in the interest of justice we set aside this ground of appeal back to the file of the AO with direction to the assessee to prove before the AO by producing directors of the company, necessary proof of services rendered, necessary proof of all kind of transactions entered by the assessee, along with the list of creditors, debtors stating their address PAN and where those are assessed. - Shri Prashant Maharishi (AM) For the Assessee : None For the Department : Shri R.R. Makwana ORDER 1. This appeal is filed by the assessee Allied computers International Limited [ the Assessee/ Appellant] for assessment year 2016 17 against appellate order passed by the CIT A 48, Mumbai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in providing accommodation entries to various parties in association with Shri Shirish C. Shah. It does not have any business activity in substance. It is therefore held that the assessee is not engaged in any actual business activities but was involved in issuing accommodation entries. It is very apparent that the transactions were carried out at the instances of Shri. Shirish Shah and the fact that the Directors of the assessee company were merely tools in the hands of Shri. Shrish Shah who only knew all the affairs of company, the real income from these transactions is assessable in the hands of the Shri. Shirish Shah. Ld. AO also held that intimations are being sent separately to the AOs of the beneficiaries with whom the assessee com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee before the lower authorities. It shows that assessee is agitating the issue by filing the appeals before the first appellate authority as well as before us but hiding itself to controvert any finding of the learned assessing officer that the company is merely a conduit company operated by an accommodation entry provider. Thus, looking at the conduct of the assessee and the facts of the case we decide the issue on the merits as per facts available on record. 9. The learned departmental representative vehemently supported the order of the learned lower authorities. He submitted that the assessee is an accommodation entry provider owned company. It does not have any purchases and sales. The beneficiaries are other people. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned lower authorities have given enough opportunities to the assessee to present its case but on all the occasions the assessee has not presented the case before them and therefore there is nothing wrong in the orders passed by the lower authorities. They have also provided enough opportunities to the assessee and therefore the passing of the ex parte order by the learned lower authorities cannot be found fault with. Accordingly ground number 1 and 2 of the appeal is also dismissed. 12. Coming to ground number 3 wherein it is stated that the order passed by the learned lower authorities is illegal being high-pitched, the assessee has not given any evidence that why it is a high-pitched assessment the income of the assessee is assessed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h taxes paid. This direction is necessary in order to verify whether the claim of TDS refund of the assessee is genuine or not in view of allegation of the ld. AO which were not disproved by the assessee. In case ld. AO finds that there are no services provided by the assessee then in those circumstances, ld. AO may take any action against the beneficiaries of such bogus bills and also against the assessee company. As assessee failed to substantiate its return before ld AO and CIT (A), We direct the assessee to produce before ld AO the directors of the company along with books of accounts to show that TDS belongs to the company for rendering necessary services with all the TDS certificates , copies of the bills and nature of services and ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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