2014 (7) TMI 55

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.... (Appeals)- II, Agra, whereby, the stay application filed in appeal u/s. 246-A of the Income Tax Act (in short 'the Act'), has been allowed in part, directing the petitioner to deposit a sum of Rs.14 lacs, out of the entire demand of Rs.79,87,770/- by 15/6/2014, failing which the assessee shall be treated to be in default and it was made open to the Assessing Officer to take necessary action for recovery of the entire amount. 3. The dispute relates to assessment year 2011-12, wherein the order dated 31/3/2014 was passed u/s.143(3) determining the assessed income at Rs.1,76,240/- and raising the demand of Rs.79,87,770/- (including interest). Aggrieved by the said order, the petitioner has filed appeal before the appellate authority ....

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....he reasons on account of which, some of agriculturists could not appear before the Assessing Officer. It is stated that even in the impugned order, it is mentioned that certain genuine difficulties on part of agriculturists in appearing before the Assessing Officer were disclosed by the assessee. It is further contended that since the affidavits of all the agriculturists were filed before the Assessing Officer, and therefore, in case the transactions are to be disbelieved, it was obligatory on part of the Assessing Officer to have summoned these persons and it was not entirely the burden of the appellant. It is further contended that since the impugned assessment is unreasonably high pitched and therefore, in view of the instruction no. 96 ....

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....ed the record. After going through the impugned order, I find that the appellate authority had not discarded the genuineness of the reasons disclosed by the appellant for not producing the agriculturists before the Assessing Officer. On the contrary, it has been noted in the order itself that "certain genuine difficulties" were disclosed and "which will be examined during appeal proceeding". Further, it is not in dispute that all the agriculturists have filed their affidavits in support of the transactions and, as such, there is some force in the submission of learned counsel for the petitioner that the entire burden was not upon the assessee and the Assessing Officer could have summoned them. 8. Further, it also could not be disputed that....