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Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR
Before: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 322/JP/2016
PER SHRI KUL BHARAT, JM.
This appeal by the assessee is directed against the order of ld. CIT (A)-I
Jaipur, dated 27.01.2016 pertaining to A.Y. 2010-11. The assessee has raised
followings grounds of appeal:
“Addition of undisclosed income of Rs. 1,24,72,985/- as unexplained cash deposit is bad in law & facts.
Addition of interest income of Rs. 45,000/- is bad in law & facts.
Making of addition by aggregate of cash deposit into bank instead of addition as per theory of peak credit balance is bad in law & facts.
Instead of making addition of income earned out of said unaccountant transition, the addition of whole cash deposit into bank of the assessee is bad in law & facts.
2 ITA No. 322/JP/2016 Shri Bhagwan Singh Poswal.
Assessing u/s 143(3) of Income Tax Act, 1961 without serving notice u/s 143(2) of Income Ta Act, 1961 with in the stipulated time is bad in law & acts and the order u/s 143(3) of Income Tax Act, 1961 is liable to be cancelled.”
No one appeared on behalf of the assessee. It is transpired from the record
that the assessee has been seeking adjournments on one pretext or the other on
10/8/2016, 19/9/2016, 21/10/2016, 29/11/2016 and on last date of hearing i.e. on
06.02.2017, the assessee was given last opportunity by fixing the hearing on
07.03.2017. But today, none appeared on behalf of the assessee nor filed any
application for adjournment. Under these facts, it is presumed that the assessee is
not interested to prosecute the appeal. Respectfully following the judgments of
Hon’ble Delhi High Court in the case of CIT vs. Multiplan India Ltd., 38 ITD 320
(Del.) and Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao
Holkar vs. CWT, 223 ITR 480 (MP), we dismiss the appeal of the assessee for want
of prosecution.
In the result, appeal of the assessee is dismissed.
Order is pronounced in the open court on 09 .03.2017.
Sd/- Sd/- ( HkkxpUn ½ ( dqy Hkkjr) ( BHAGCHAND) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 09 /03/2017. Pooja/ आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू
The Appellant- Shri Bhagwan Singh Poswal, Jaipur. 2. The Respondent – The Commissioner of Income Tax (A)-1, Jaipur. 3. The CIT(A).
3 ITA No. 322/JP/2016 Shri Bhagwan Singh Poswal.
The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 322/JP/2016) vkns'kkuqlkj@ By order,
सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत