SRS LTD,FARIDABAD vs. DCIT, CENTRAL CIRCLE-II, FARIDABAD

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

“1) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not admitting appeal due to alleged operation of section 249(4) and has erred in holding that assessee has not paid taxes on the returned income. 2) In any view of the matter and in any case action of Ld. CIT(A) in not admitting the appeal and dismiss the same is bad in law and against the facts and circumstances of the case. 3) That having regard to the facts and circumstances of the case, Ld. CIT(A) ought to have deleted the addition. 4) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of the Ld. A.O. in making addition of Rs.3,88,87,632/- (Rs. Three Crores Eighty Eight Lacs Eighty Seven Thousands Six Hundred and Thirty Two only) on account of alleged unexplained payments, out of the amounts mentioned in pages 42 to 47 of Annexure A -1 seized from 202, New Delhi House, Barakhamba Road, New Delhi..

2 SRS Ltd. 5) That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the addition of Rs.3,88,87,632/- (Rs. Three Crores Eighty Eight Lacs Eighty Seven Thousands Six Hundred and Thirty Two only) made in the hands of the assessee on account of alleged unexplained payments is bad in law and against the facts of the case. 6) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of the Ld. A.O. in charging interest u/s 234A, 234B, 234C & 234D, more so when such interest could not be levied under the law. 7) That having regard to the facts and circumstances of the case, ld. CIT(A) has erred in law and on facts in confirming the action of ld. AO in passing the impugned order without giving adequate opportunity of being heard and by not observing the principles of natural justice.”