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Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
अपीलार्थी की ओर े / Appellant by : Shri Naveenkumar Mishra, AR प्रत्यर्थी की ओर े / Respondent by : Shri Rajeev Gubgotra, DR ुनवाई की तारीख / Date of hearing: 27.08.2019 घोषणा की तारीख / Date of pronouncement : 27.08.2019 AadoSa / O R D E R महावीर स ुंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM: This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)-2, Thane in 17 dated 22.12.2017. The Assessment was framed by the Income Tax Ward 1(1), Kalyan (in short ITO/ AO) for AY 2013-14 vide dated 29.02.2016, under section 144 of the Income-tax Act, 1961 (hereinafter ‘the Act’).
2 | P a g e 2. At the outset, the learned Counsel for the assessee as well as the learned Sr. DR stated that the CIT(A) has passed ex-parte order and for this assessee has raised the following ground No. 1: -
1. On the facts and in the circumstances of the case and in (aw the Hon'ble CIT(A) erred in upholding action of Ld. AO by passing an ex- parte order u/s. 144 of the IT Act 1961 and the reason assigned for doing so are wrong and contrary to the provision of Income Tax Act and rules made there under.
The assessee has also raised the ground on merits, which read as under: -
On the facts and in the circumstances of the case and in Law the Hon’ble CIT (A) erred in upholding the action of Ld. AO of making addition of Rs.1,88,94,000/- by estimating the NP @ 5% of Turnover of Rs. 37,78,79,104/- and rejecting the books of accounts u/s. 145(3) of the Act and the reasons assigned for doing so are wrong and contrary to the provision of Income Tax Act and rules made there under.”