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Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN
Before: Sh. A. D. JainDr. B. R. R. Kumar
These orders are directed against the order of ld. CIT(A)- 2, Agra, Camp at Dehradun dated 31.03.2017.
The assessee filed appeal before the ld. CIT(A) on 03.04.2014 against the order of the ACIT, Circle Haridwar dated 28.02.2014. The Assessing Officer made addition on account of concealed profit of Rs.1,14,27,734/- arising out of unaccounted sales and unaccounted investment of Rs.3,00,33,465/-. The assessee filed appeal before the ld. CIT(A) on the issue of unaccounted investment/ undisclosed capital of Rs.3,00,33,465/-. to 2153/Del/2018 2 Dev Bhoomi Automobiles Pvt. Ltd.
While disposing the appeal of the assessee, the ld. CIT(A) held as under:
5. Before me, the appeal of assessee was fixed for hearing on different dates over a span of more than one year, however, no worthwhile compliance has been made by the appellant, except for taking adjournments on different occasions. The Ld. AR for the appellant was duly apprised off the fact that the ample opportunity to pursue the appeal as filed, has been granted and the case has been adjourned considering the requests of assessee for filing submission on the next date of hearing. During the course of hearings, the appellant was duly informed that in view of sufficient opportunity given the case was being adjourned by way of 'Last & Final Opportunity’. However, despite grant of ample time, the appellant didn't avail off the opportunity in filing any submissions in support of the grounds taken. Thus, in the given circumstances, the assessee appears to be not interested in pursuing the appeal preferred by it, Therefore, the present appeal is being decided on the basis of AO’s order and factual position of assessee’s case, notably that AO has successfully canvassed the reason of his satisfaction in view of detection of assessee’s unaccounted sales, and he has made the addition on that count at Rs.1,14,27,734/- on the basis of assessee’s unaccounted sale at Rs. 1,14,27,734/-. It is pertinent to mention that the assessee appellant has accepted the AO’s order in making the addition of Rs.1,14,27,734/- on account of out of books sales and it has not agitated such addition in the appeal filed before me. Thus while considering such factual background of - assessee’s case, it is observed that AO has justifiably determined the concealed to 2153/Del/2018 3 Dev Bhoomi Automobiles Pvt. Ltd. investment of Rs.3,00,33,465/- which was employed by the assessee for making out of books, unaccounted sales of Rs.1,14,27,734/- While considering the magnitude of assessee's unaccounted sales, the addition as made by the AO is confirmed. As a result, the Ground No. 3 taken against the addition of Rs.3,00,33,465/- is dismissed.
Today, the assessee sought adjournment of the case.
Having gone through the record, we find that the ld. CIT(A) has not passed a speaking order on the issue of the grounds taken up before him. The case of the assessee has been dismissed summarily without considering the merits of the issue involved.
Hence, we hereby reject the adjournment filed by the assessee and restore the matter to the file of the ld. CIT(A) with directions to pass a speaking order on the grounds raised by the assessee in the Form No. 35, duly following the principles of natural justice.
In the result, all the appeals of the assessee are allowed for statistical purpose. Order Pronounced in the Open Court today i.e. on 25/10/2021.