9911796707
TMI Blog2025 (1) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... us nor any written submission was made. Thus, we find that assessee has no material to support the grounds raised by him; otherwise, there was no reason for the silence of the assessee before the AO, CIT(A) and the Tribunal. In absence of explanation regarding nature and source of investment, the addition u/s 69 of the Act by the AO, which has been confirmed by CIT(A), does not require any interference. Hence, the grounds are dismissed. - Shri Pawan Singh, Judicial Member And Shri Bijayananda Pruseth, Accountant Member For the Appellant : None For the Respondent : Shri Ravi Kant Gupta, CIT-DR ORDER PER BIJAYANANDA PRUSETH, AM: This appeal by the assessee emanates from the order passed under section 250 of the Income-tax Act, 1961 (in shor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delete, change or vary all or any of the Ground or Grounds of Appeal. 3. The case was initially posted for hearing on 10.07.2024. Shri Dhruvang Diwan learned Authorized Representative (ld. AR) appeared on 10.07.2024 and submitted that though the appeal was filed through his office, but the assessee is not responding despite repeated calls and reminders. He requested that he may be discharged from this appeal. Thereafter, three notices were issued fixing the hearing on 10.07.2024, 05.09.2024 and 19.11.2024. None appeared on behalf of the assessee nor any written submission nor any request for adjournment was made. Hence, no useful purpose would be served by prolonging the proceedings before us. 4. Facts of the case in brief are that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt u/s 69 of the Act and added to the total income of the assessee. The same was taxed as per provisions of section 115BBE of the Act. Penalty proceedings u/s 270A of the Act are initiated by AO. 4.1 Aggrieved by the order of AO, the assessee filed appeal before the CIT(A). In the appellate proceedings, the appellant had not filed any written submission. Three notices were issued by CIT(A) fixing the hearings on 07.03.2023, 07.06.2023 and 14.11.2023. But the appellant was non-compliant to the notices. The CIT(A) dismissed the appeal for non-prosecution as well as on merit. He observed that no corroborative submissions were filed in respect of grounds of appeal and onus to prove investments was not discharged by assessee. Hence, appeal was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunities of hearing. The assessee did not respond to the calls and reminders of his Counsel. He also did not respond to the notices issued by us nor any written submission was made. Thus, we find that assessee has no material to support the grounds raised by him; otherwise, there was no reason for the silence of the assessee before the AO, CIT(A) and the Tribunal. In absence of explanation regarding nature and source of investment, the addition of Rs. 4,10,00,000/- u/s 69 of the Act by the AO, which has been confirmed by CIT(A), does not require any interference. Hence, the grounds are dismissed. 8. It has also been held in a number of cases that dismissal of appeal is an inherent power which every Tribunal possesses. The Hon ble Bombay Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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