2012 (11) TMI 394

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.... further erred in law and on facts in rejecting the Additional Ground No. 1B contesting the assumption of jurisdiction to review without any valid reasons the original assessment that had become final. 3. On the facts and in the circumstances of the case and in law the learned Assessing Officer ought not have proceeded u/s. 153-C of the Act to make the assessment, and ought not have reviewed the assessment previously made without any valid reasons. 4. It is therefore prayed that the orders of the Lower Authorities may be cancelled." 2. Briefly stated facts are that a search action u/s 132 of the Income Tax Act, 1961 (hereinafter referred to as the Act) was carried out at the Himalayan Group of cases on 22-04-2008. The assessee belongs to....

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....n accordance with law. On the last date of hearing on 05-06-2012, the hearing of appeal was adjourned at the request of Ld. A.R. for the assessee. No-one appeared on behalf of the assessee despite the fact the date of hearing was well within the knowledge of the Ld. A.R of the assessee. However, a paper book is on record. There is no request for adjournment of the appeal. In such circumstances, the appeal was taken up for hearing in the absence of the assessee. Ld. Sr. D.R. supported the order of the Ld. CIT(A). He submitted that the assessee failed to furnish the requisite details in support of the additional grounds. Therefore, Ld. CIT(A) was justified in dismissing the appeal. 5. We have heard Ld. Sr. D.R. We find that the Ld. CIT(A) o....