2018 (5) TMI 830

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....earing both sides, we recall our earlier Final Order No. 50013/2018 dated 02.01.2018 where the appeal was dismissed for non-prosecution, for the reasons mentioned in the RoA Application. The appeal is restored to its original number. 2. With the consent of both sides, we proceed to decide the appeal on merits. 3. The present appeal is filed by the assessee-Appellant against the Order-in-Appeal N....

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....osed. Being aggrieved, the assessee-Appellant has filed the present appeal. 5. With this background, we have heard Sh. Akshat Srivastava, learned counsel for the assessee-Appellant and Sh. Sanjay Jain, learned DR for the Revenue. 6. After hearing both sides and on perusal of the material available on record, we find that the issue of extended period was already discussed by the lower authorities....

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....siness concern. We do not accept this plea as a business concern can be a proprietary firm also which is owned by an individual and there is no difference between proprietary firm owned by a person and that person. When an individual engages himself in a commercial activity, he has to be treated as business or commercial concern. Therefore, notwithstanding the fact that w.e.f. 1-5-2006 the term, '....