2016 (9) TMI 903

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....wever, on the said date none appeared on behalf of the assessee. I, therefore, proceed to dispose of the appeal ex-parte qua the assessee. 2. The following grounds were urged in the grounds of appeal : 1. "That the assessing Officer erred in making addition of Rs. 46,93,270/- arbitrarily, ignoring the fact that all the information called for were submitted regularly along with documentary evidences. 2. Assessing Officer has initiated reassessment proceedings by asking for evidences on the basis of material existing at the time of original Assessment and very well explained with evidences. 3. That the order passed by the Assessing Officer was against the principles of natural justice, equity, & good conscience. 4. That the order ....

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....the chair." 3. Though the assessee filed paper book, since no one was present to refer to the specific papers in the paper book, as per Rule 18(6) of the Appellate Tribunal Rules, the paper book filed by the assessee is not taken on record. Rule 18(6) is extracted hereunder for immediate reference : "Documents that are referred to and relied upon by the parties during the course of arguments shall alone be treated as part of the record of the Tribunal." 4. I have heard the Ld. D.R. and carefully perused the assessment order as well as the order of the CIT(A). For the year under consideration, the assessee declared a total income of Rs. 1,76,092 whereas the assessment was completed on a total income of Rs. 6,66,415. The assessee was st....

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..... and enquiry was not made with regard to the claim of nuts and bolts business. 1.2. Thus, in the absence of necessary supporting evidence, the entire amount deposited in the bank account should have been treated as 'income from other sources' or 'unexplained income' as the case may be." 6. Accordingly, show cause notice was issued to the assessee and after considering the submissions of the assessee the revisional authority/CIT was of the opinion that the Assessing Officer had not correctly examined the issues; Therefore, the assessment requires to be re-done afresh. Upon receipt of the order passed under section 263 dated 04.02.2014 the Assessing Officer gave a notice to the assessee and after examining the record, he....

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....whereas there were sufficient deposits in the bank account. Since assessee could not prove the source of this amount the Assessing Officer was justified in making the addition. Thus, he confirmed the action of the Assessing Officer. 10. Further aggrieved assessee is in appeal before the Tribunal. Even at this stage the case of the assessee was that there was no requirement for VAT registration and other things and therefore mere fact that she could not prove that she was carrying on business of supply of nuts and bolts cannot give raise to adverse inference in view of the fact that deposits were received in the bank account from various places which prove that there are some systematic activity. 11. Ld. D.R. on the other hand submitted th....