KAMLESH BHANUSHALI,MUMBAI vs. ITO 22(1) (3), MUMBAI

The captioned appeal by assessee for Assessment Year [AY] 2009-10 assails the order of the Ld. Commissioner of Income-Tax (Appeals)-33 Kamlesh Bhanushali Assessment Year 2009-10 CIT(A)], Mumbai, Appeal No. CIT(A)-33/IT/197/13-14 dated 31/10/2014. The assessment for impugned AY was framed u/s 143(3) read with Section 147 on 14/03/2013 by Ld. Income Tax Officer Ward-22(1)(3), Mumbai [AO]. None has appeared for assessee despite notice and no adjournment application is on record. Left with no option, we proceed to dispose-off the appeal on the basis of material available on record and after hearing Ld. Departmental Representative [DR]. 2.1 Briefly stated the assessee being resident individual engaged in trading of gunny bags was assessed for impugned AY at Rs.28,42,640/- after certain additions as against returned income of Rs.1,37,657/- filed by the assessee on 30/03/2010. The major addition was addition of cash credit u/s 68 for Rs.25.23 Lacs, being cash deposited by assessee in Savings Account maintained with Bank of India since the same could not be explained by the assessee. 2.2 Aggrieved the assessee contested the same without any success before Ld. CIT(A) vide impugned order dated 31/10/2014 which was an ex- parte order since the hearing notices remained un-served and the assessee did not attend the proceedings. The Ld. CIT(A) confirmed the action of Ld. AO on factual matrix. Aggrieved, the assessee is in further appeal before us. The Ld. DR submitted that the assessee was not serious in pursuing his case and therefore, the appeal may be dismissed.

We find that the assessee, in the grounds of appeal, has contested the order of appellate authority on the ground of principles of natural justice.