9911796707
TMI Blog2025 (1) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... days. As the assessee had not filed any application seeking condonation of the delay involved in filing of the present appeal, therefore, we are constrained to dismiss the appeal on the said count itself. Appeal filed by the assessee is dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... , ld. CIT has erred in applying sec.115BBE for imposing higher rate of tax, is unjustified; is liable to be deleted." Gr.No.4: "The appellant craves leave, to add, urge, alter, modify or withdraw any grounds before or at the time of hearing." 2. Succinctly stated, the assessee had filed his return of income for A.Y.2018-19 on 24.05.2022, declaring an income of Rs. 26,32,720/-. The A.O based on the information received on Insight portal of ITBA uploaded by DDIT/ADIT (Inv.)-5(1), Mumbai, viz. (i) that the assessee had during F.Y.2017-18 purchased goods from M/s.Moksh Alloys Pvt. Ltd., i.e. a concern which was engaged in both providing and taking benefit of fake Input Tax Credit; and (ii) that M/s.Moksh Alloys Pvt. Ltd. (su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfactory documentary evidence to explain its state of affairs during the assessment proceedings of A.Υ. 2018- 19. During the appellate proceedings, the appellant has not complied properly to the notices issued nor filed any written submission. In absence of the written submission and evidence, it remained to be unexplained as to how the AO's order is erroneous. If the appellant claims that the assessment order was objectionable it should have provided supporting arguments of evidences. The appellate proceedings are first line of remedy to those who think that the injustice has been done by the AO. However, the appellant failed to avail the same by non-complying. I am of the view that the government cannot waste its own re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elaborate reasons need not be recorded by the CIT(A) as has been done by the Assessing Officer. The reasons are required to be clear and explicit indicating that the authority has considered the issue in controversy. If the appellate/revisional authority has to affirm such an order it is not required to give separate reasons which may be required in case the order is to be reversed by the appellate/revisional authority." Based on the information that Moksh Alloys Pvt. Ltd. was engaged in both providing and taking benefit of fake Input tax credit the assessment proceedings was initiated. As per the assessment order, total addition of Rs. 81,44,211/- was made by the AO on account of unexplained expenditure u/s 69C of the Act. During t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the appeal had neither put up an appearance nor any application seeking adjournment has been filed before us, therefore, we are constrained to proceed with and dispose off the appeal as per Rule 24 of the Appellate Tribunal Rules, 1963. 6. Smt. Anubhaa Tah Goel, Ld. Sr. Departmental Representative (for short 'DR') at the threshold of hearing of the appeal submitted that though the present appeal involves a delay of 125 days but the same is not supported by any application seeking condonation of the same, therefore, the same was liable to be dismissed on the said count itself. 7. As stated by the Ld. DR, and rightly so, the present appeal involves a delay of 125 days. As the assessee had not filed any application seeking condonation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
