2015 (7) TMI 1018

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....appeal and adjourned the case for 18.6.2015. On 18.6.2015 the assessee has filed the Revised Grounds of Appeal which read as under:-  "1. That Ld. A.O. is in error in making addition of Rs. 16 Lacs, details of which, given below: (i) Share allotted to Mls. Kuberco Sales Pvt. Ltd. Rs. 6,00,000/- (ii) Share allotted to M/s. Sparow Marketing Pvt. Ltd. Rs. 10,00,000/- The payment received through account payee cheque on the basis of notice U/s 133(6) received back. Ld. CIT(A) has not justified in conforming the order passed by AO. 2. That the assessee is liable to establish identity of the shareholders and genuineness of the transaction. Identity of shareholders is proved by ROC Record of the company and the genuineness of t....

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.... laws which has not been cited by any party meaning thereby he himself quoted all these cases in the impugned order without confronting the same to the assessee's counsel. He further stated that Late Sh. Ravi Kiran Jindal, Advocate was looking after the entire income tax matters of the assessee company who passed away on 19.2.2011. Due to death of Sh. Ravi Kiran Jindal, Advocate the proceedings in the case of the assessee before the AO as well as before the Ld. CIT(A) could not be properly pursued by the employee of Late Sh. Ravi Kiran Jindal, Advocate. Therefore, he requested that the issue in dispute may be set aside to the AO to decide the same afresh under the law, after giving adequate opportunity of being heard to the assessee, after ....

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.....13 to 31.3.14; Photocopy of letter filed before AO, dated 14.10.2011 and 25.10.2011; photocopy of ROC certificated of Kuberco Sales (P) Ltd. and Sparrow Marketing (P) Ltd.; Photocopy of ROC Return of Kuberco Sales (P) Ltd. and Sparrow Marketing (P) Ltd; Photocopy of Audited Balance Sheet of Kuberco Sales (P) Ltd.; photocopy of TAN and PAN of Sparrow Marketing (P) Ltd; and photocopy of Case Laws quoted by the assessee. 7. We have also perused the contention raised by Smt. Sunita Jindal, W/o Late Sh. Ravi Kiran Jindal and Smt. Swati Jindal, Chartered Accountant, Daughter in Law of Late Shri Ravi Kirna Jindal made in their respective affidavits. The contentions of both the affidavits are reproduced hereunder:- CONTENTS OF AFFIDAVIT OF S....

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..... Abhishek Jindal (Director M/s Turner Recreations Private Limited) R/o R-2/240 Raj Nagar, Ghaziabad (U.P.) do hereby state on oath as under:- 1. That in the above case my Father in Law Late Shri Ravi Kiran Jindal Advocate was looking after the entire Income Tax matters of the company. 2. That my Father in law passed away on 19th February 2011, thereafter all family members were disturbed and I had no exposure to the Income tax hearings so was unable to argue the case. 3. That all the proceedings before the AO was done by Kshitija Narwane Advocate who was the existing employee of late Shri. Ravi Kiran Jindal and during that time she was dealing in Sales Tax matters only. 4. That Mrs. Kshitija appeared before AO, but due to lack ....