TaxTMI 
TaxTMI 
2015 (9) TMI 1287
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....come Tax Act, 1961 and ITA No. 3903/Del/2014 relates to confirmation of penalty u/s 271(1)(c) of the Income Tax Act. 2. These appeals were heard together. Therefore for the sake of convenience a common and consolidated order is being passed. None was present on behalf of assessee. However it was felt that the appeals can be disposed off even in the absence of representative of assessee. Therefore with the help of Ld. DR the facts of the case were examined. 3. Ld. DR pointed out that assessee initially filed return of income declaring the income from business of automobile and auto parts and despite affording many opportunities the assessee did not appear before AO and therefore AO had to complete assessment u/s 144 of the Act. He furt....
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..../-) C. As per column 51 of the ITR the assessee has shown net profit of Rs. 2,10,750/- whereas as per the computation of income, the net profit has been shown at 1,55,897/- only. On the basis of above, there is a net difference of Rs. 54,853/- (2,10,750 - 1,55,897) in the profit declared by the assessee. The difference of Rs. 54,853/- is added to the income of the assessee. (Addition of Rs. 54,853/- ) D. As per the return, the assessee has shown gross expenses at Rs. 2,97,681/-. In the absence of the details of the expenses, it is difficult to ascertain the nature of these expenses. In the absence of details, 1/4th of the above expenses which comes to Rs. 74,420/- is disallowed and added to the income of the assessee. (Addition ....
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.... Perusal of the Assessment Order u/s 144 dated 27.12.2010 in the case of the Assessee for the A.Y. 2008-09, shows that the notice was served through affixture. In the absence of the latest address of the Appellant the service by affixture upon the last known address is fully valid. It is also seen that the Assessee has no evidence for his claims that he went away from Delhi in December, 2008 and returned back after two years in December 2010 and also that he did not receive any notices from the Assessing Officer. On one hand the assessee claims to be engaged in Automobile business, on the other hand claims that he is having tuition income and running Oasis Academy and then, to avoid the taxes and penalties claims that he was not having any ....
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....hoc basis by the Assessing Officer, all other additions were confirmed. 8.7 It is seen that the conduct of the Assessee was deliberate, and with an intention to prevent the truth from coming out, the Assessee kept on shifting his stand about his income for AY 08-09 and having initially claimed in the Return that he was involved in trading of Auto Parts etc., subsequently claimed that he was having income from tuition and that he was running coaching classes under the name and style or 'Oasis Acadmy' and then subsequently claimed that he had no income from tuition in the year under consideration. In view of these contradictory and false claims of the Appellant, it is clear that the claims of the Assessee are not reliable and it is....
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....trary to the subsequent claims of the Assessee. In view of the entire facts. the addition amounting to Rs. 74/420/- is hereby confirmed. 8.11 Sundry Creditors amount to Rs. 19,872/-- were added back to the Income of the Assessee in the absence of any details and the Assessee being unable to discharge the onus of proving the genuineness of the Creditors. For this addition also the Assesee could not submit any evidence to controvert these observations, though it was claimed in the written Submissions dated 30.05.13 that all the Creditors are totally genuine. It is noteworthy that the claim of genuineness sof Creditors is contrary to the subsequent claims of the assesee. In view of the entire facts, the addition amounting to Rs. 19,872/- is....