MANAVTA TRADE LINK PVT. LTD.,KOLKATA vs. I.T.O., WARD - 10(2),, KOLKATA

O R D E R

Per Manjunatha G, AM:

1. That the Order passed u/s 250 is bad in law as well as on facts of the case. That the Hon'ble Commissioner of Income Tax(Appeals) erred in upholding the action of the Ld. Assessing Officer in rejecting the books of accounts under section 145 of the Income Tax Act, 1961, without establishing any cogent or specific defect in the regularly maintained and audited books of accounts of the appellant

2. That the Hon'ble Commissioner of Income Tax (Appeals) further erred in confirming the assessment framed under section 144 of the Act by estimating net profit @1.5% on total Rs.64,50,64,196/-, and thereby sustaining an arbitrary addition of Rs. 96,75,963/-, ignoring the actual audited turnover and net profit disclosed by the appellant in its return

3. That the Ld. CIT(A) erred in not admitting that proper opportunity of being heard was not granted by the Assessing Officer before proceeding to reject the books and complete the 2 ITANo.1222/Kol/2025 assessment u/s 144, as no show cause notice or adverse material was effectively confronted to the appellant. 4. That the appellant craves to leave, add, amend or adduce any of the grounds of appeal during the course of appellate proceedings.

2. At the outset, we find that the appeal of the assessee is delayed by 276 days. In this regard, the assessee has filed an affidavit stating the reasons that the order passed by the Assessing Officer was not communicated to the assessee, hence, prayed for condonation of delay. The ld.Sr. DR has no objection to the above contention of the assessee. Looking to the facts and circumstances of case and considering the sufficient reasons stated by the assessee in its affidavit, we condone the delay of 276 days in filing the present appeal and the appeal of the assessee is admitted for hearing.