2009 (10) TMI 909

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....d infotech. The assessee's case was selected for scrutiny and detailed information was called by the AO. The AO observed that assessee has deliberately delayed submission of relevant details despite being given numerous opportunities. Various dates on which adjournment was sought for or there was no appearance on behalf of the assessee was elaborately mentioned by the AO in his order. AO found that assessee has claimed selling and administrative expenses of Rs. 5,85,45,000/- out of which expenses of USA sales office were Rs. 478.76 lakhs. The AO observed that despite giving various opportunities, the assessee has not furnished required details, therefore case was finalized with the details available on record, wherein half of the US office ....

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....see and which has been recovered by the consignee out of the sale proceeds of the assessee in USA. Revenue is aggrieved for the relief given by the CIT(A). 3. We have gone through the orders of the authorities below and found that because of non-cooperative attitude of the assessee in furnishing various details, the assessment was framed u/s 143(3)/144. Contention of the assessee before the CIT(A) was that AO cannot compute the income merely on guess work, conjectures or speculation. It was also stated that if the order of the AO suffers from failure to consider the material before him, such order is liable to be set aside. We found from the record that on various dates as mentioned elaborately in the assessment order, there are either p....