M/S RUDRAMALA COMMODITIES PVT. LTD.,KOLKATA vs. I.T.O.,WARD-14(3), KOLKATA

In the various grounds of appeal the assessee has assailed the order passed by the ld CIT(A) upholding the order passed by the AO thereby confirming the addition of Rs. 43,96,00,000/-as made by the AO on account of Share Capital and share premium.

At the time of hearing when the case was called for hearing , neither the assesse not his authorized representative appeared before nor any adjournment petition was filed us. Therefore we are deciding and disposing off the appeal after hearing the ld DR and taking the merits of the case into account.

After hearing the Ld. D.R and perusing the facts on records, we note that the Ld. CIT(A) has decided the appeal ex-parte as the assessee could not appear on the various occasions when the Ld. CIT(A) fixed the appeal for hearing. We observe from the order sheet that the assessee has been given as many as 4 opportunities on various dates but no one turned up before the tribunal. Under these fact and circumstances we have no other way to proceed except to decide the appeal on merit with the assistance of the ld DR. The Ld. DR submitted before us tha the assesse nhas not filed any details/information either before the AO or CIT(A). Likewise the assesse is not cooperative in the hearings even before the tribunal. We have perused the order of ld CIT(A) and find that on the basis of available facts , the appeal of the assesse was correctly dismissed. Even before us there is no materials which persuade us to deviate from the conclusion reached by the first appellate authority.Therefore in absence of evidences , we are inclined to uphold the finding of Ld. CIT(A)and accordingly we dismiss the appeal of the assessee.

In the result, the appeal of the assessee is dismissed.