2015 (1) TMI 317

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....ee and Shri Ravi Jain, CIT, D.R., represented on behalf of the Revenue. 3. As the appeal of the assessee is time-barred by 19 days, the assessee has filed petition for condonation of delay. After hearing the submissions of the assessee and the affidavit filed, we are of the view that the assessee was prevented by sufficient cause for 19 days delay in filing the appeal. Consequently the delay is condoned and the appeal is disposed of on merit. 4. At the time of hearing, it was submitted by the ld. A.R. that the original assessment order has been passed under section 143(3) of the Act on 11.05.2009, wherein the Assessing Officer had accepted the returned income. It was submitted that the ld. CIT on presumptions had invoked his powers un....

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.....R. submitted that the Assessing Officer was not only a adjudicator but was also an investigator. For this proposition, he placed reliance on the decision of the Hon'ble Guwahati High Court in the case of CIT -vs.- Jawahar Bhattacharjee reported in [2012] 24 Taxman.com 215 (Guwahati) as also the decision of the Coordinate Bench of this Tribunal in the case of Krishna Shriram in ITA No. 1649/Del./2011 dated 29.01.2014 and also in the case of Nine Star Enterprises (P) Ltd. In I.T.A. No. 1054/Hyd./2011 dated 31.12.2012. It was the submission that the assessment order was very cryptic order and clearly showed nonapplication of mind. It was the submission that the purchases and sales were all from connected concerns which had the same address, t....

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....had been called for and the same have been held to have been filed and on 11th May,2009 the assessment order has been passed. Admittedly the order- sheet noting is done by the Assessing Officer and not by the assessee and same al so in the case of the assessment order. The assessee cannot demand any specific noting in the order-sheet notings nor in the assessment order. Just because the Assessing Officer does not make a complete recording of what was happened in the assessment proceedings per se does not make the assessment order erroneous and prejudicial to the interest of revenue. In fact, a perusal of the provisions of section 263 requires for making or causing to be made of such inquiry as the ld. CIT deems necessary. This itself shows ....