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Facts
The assessee, a trader of milk and milk products, appealed against an order confirming additions made by the Assessing Officer. The assessee failed to appear for hearings and did not provide supporting documentary evidence for their claims.
Held
The Tribunal noted that the assessee was repeatedly absent and did not provide any evidence. Therefore, the Tribunal concluded that the revenue authorities were justified in making the additions and upheld their decision.
Key Issues
Whether the additions made by the Assessing Officer and confirmed by the CIT(A) were justified, especially given the assessee's failure to provide supporting evidence and appear for hearings.
Sections Cited
250, 144
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Income Tax Appellate Tribunal, “SMC” BENCH MUMBAI
Before: HON’BLE SHRI SANDEEP GOSAINSmt Pushpa Ravi Kadam
Assessee by None Revenue by Shri vithal Machindra Bhosale, Sr. DR Date of Hearing 18.12.2024 Date of Pronouncement 19.12.2024 आदेश / ORDER
PER SANDEEP GOSAIN, JM:
The present appeal has been filed by the assessee challenging the impugned order 26.07.2024, passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the learned Commissioner of Income Tax (Appeals) – 2, Mumbai / National Faceless Appeal Centre, Delhi (‘Ld. CIT(A)’), for the assessment year 2017-18.
At the very outset, I noticed that none appeared on behalf of the assessee when the case was called. From the perusal of the court file I noticed that even on previous hearings, dates were being sought by the assessee on one or the other ground. Notice issued by the court has also been served but even then none appeared when the case was called, and even no application for adjournment has been filed, which shows that assessee is not interested in pursuing the present appeal, therefore assessee is proceeded ex-parte. On the contrary, the Ld. Ld.DR present in the court is ready with the arguments, therefore I have decided to proceed with the hearing of the case ex-parte.
I have heard Ld.DR and perused the material placed on record and the orders passed by the revenue authorities. As per the facts of the present case, the assessee is a trader of milk and milk products. The AO completed the assessment proceedings u/s 144 of the Act by making additions of Rs. 22,25,857/- as taxable profit of the business worked out @ 8% of Rs. 2,78,23,221/-, and the said addition were also sustained and confirmed by Ld. CIT(A). The revenue authorities while making the additions had rightly taken into consideration @ 8% of the total turnover or gross profits of Rs. 2,78,23,221/-. During course of assessment proceedings although AO asked the assessee to submit supporting documentary evidences to prove the genuineness / creditworthiness in support of her claims but even in spite of availing repeated opportunities the assessee fail to furnish proper explanation / documentary evidences in support of her claim.
Even before me, assessee has not filed any documentary evidences. The assessee has not controverted or rebutted the findings so recorded by the revenue authorities. Therefore I have no hesitation to conclude that revenue authorities were well within their rights to make the addition in the case of the assessee. Therefore, all the grounds raised by the assessee stands dismissed.
In the result the appeal filed by the assessee is dismissed with no order as to cost.
Order pronounced in the open court on 19.12.2024.