DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. SHRIVARDHAN MOHTA, KOLKATA

As regards IT(SS)A nos. 157 to 163/KOL/2024, ld. Counsel for the assessee at the outset, submitted that the assessee failed to respond to various notices of hearing issued by the ld. CIT(A) nor did he file any written submission. As a result, ld. CIT(A) has confirmed the addition made by the Assessing Officer (hereinafter referred to as ld. 'AO') except for the protective addition of Rs. 8.55 Crore for AY 2010-11 which has been deleted by ld. CIT(A). He therefore, prayed that in the interest of justice, one more opportunity be provided by restoring all the issues raised on merits in the assessee’s appeals for AY 2009-10 to AY 2015-16 to ld. CIT(A) for necessary/afresh adjudication. 2.1. As far as is concerned, ld. D/R submitted that since the assessee could not appear before ld. CIT(A) and if this Hon'ble Tribunal grants one more opportunity to the assessee by restoring the issues to ld. CIT(A), then in such circumstances, the issues raised in the Revenue’s appeal in also deserves to be restored to ld. CIT(A) for afresh adjudication.

We have heard rival contentions and perused the records placed before us. We observe that the assessee an individual earning income from salary, house property, capital gain and income from other sources was subjected to search u/s 132 of the Act dated 17.03.2015 being part of the Mohta Group of Cases. Assessment 153A read with Section u/s 143(3) of the Act were framed for AY 2009-10 to AY 2015-16 and various additions were made. Aggrieved, the assessee preferred appeal before the ld. CIT(A). 3.1. Though the assessee appeared before the ld. AO during the course of assessment proceedings but failed to appear before the ld. CIT(A) which left no option to ld. CIT(A) except to proceed and decide the appeal on the basis Page 2 of 4 I.T.(S.S.)A. Nos.: 157 to 163/KOL/2023 Assessment Years: 2009-10 to 2015-16 I.T.A. No.: 1056/KOL/2023 Assessment Year: 2010-11 Shri Vardhan Mohta. of information available on record. Para 3 of the impugned order has been commonly observed in all the impugned orders and the same is reproduced below: “3. This appeal has been filed on 11-10-2017 against order u/s 153A r.w.s. 143(3) dated; 15.09.2017. Since then notices for hearing has been issued on 28.11.18, 11.02.2019, 14.03.2019, 27.06.2019, 05.08.2019, 19.11.2019, 17.04.2023 and 04.05.2023. In response to initial few notices, assessee sought adjournments through letters or e-mails. However, assessee stopped responding to notices issued subsequently. Assessee has not filed any written submission till date in support of his grounds of appeal

. It appears that assessee is not interested in perusing his appeal. Hence, I hereby proceed to decide the appeal on the basis of information available in record.” 3.2. We further note that in absence of any submission from the assessee’s side and any other documentary evidence placed offline and only, ld. CIT(A) has decided the appeal and has confirmed most of the additions made by ld. AO. The only relief given by ld. CIT(A) was the deletion of protective addition made in the hands of the assessee of Rs. 8.55 Crore on the ground that the alleged accommodation entries have already been added in the hands of the respective companies/concerns/assessees who have received the accommodation entries. 3.3. We, however, considering that the finding of ld. CIT(A) is solely based on the records available and the assessee who filed the appeal, failed to make any submission and file any documentary evidence. Therefore, in the interest of justice and being fair to the parties, we deem it appropriate to restore all the issues raised in the instant appeals that is those raised by the assessee as well as the Revenue to the file of ld. CIT(A) for necessary adjudication for which assessee shall be provided reasonable opportunity to file the evidences, submissions and even request for admission of any additional evidences if deemed appropriate. In case of admitting additional evidence, ld. CIT(A) is directed to call for a remand report from ld. AO and then decide in accordance with law with a speaking order as contemplated u/s 250(6) of the Act. The assessee is also directed to remain vigilant and file necessary documents, if Page 3 of 4. I.T.(S.S.)A. Nos.: 157 to 163/KOL/2023 Assessment Years: 2009-10 to 2015-16 I.T.A. No.: 1056/KOL/2023 Assessment Year: 2010-11 Shri Vardhan Mohta. considered, in support of its grounds of appeal

and should not take adjournment, unless otherwise required for reasonable cause. Accordingly, all the grounds of appeal raised by the assessee as well as by the Revenue are allowed for statistical purposes.