2011 (6) TMI 966

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....w, Ld. CIT(A), was not correct in holding that notice u/s 143(2) has been duly served whereas as per explanation and other material placed on record no notice has been properly served upon the assessee appellant. Therefore, assessment made is illegal and void abinitio. (2) On the facts and circumstances of the case and in law, Ld. CIT(A), was not correct in sustaining addition of Rs. 2,47,390/- by holding that payment of Rs. 82,46,354/- has been received by the assessee appellant merely relying upon the findings of the A.O. and books of third party without any material or evidence that payment has been received by the assessee appellant. 3. That the appellant craves to add or amend the grounds of appeal. 3. At the outse....

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....ed my counsel in this case. 8. That it is humbly prayed that the delay in filing the appeal may be condoned as there was reasonable & sufficient cause for filing the belated appeal. Sd/_ (Deponent) Verification: I, Malkiat Singh the above name deponent do hereby affirm and declare that the above stated facts are true and correct to the best of my knowledge and belief. Sd/- (Deponent)" 4. In view of the above contentions made by the assessee in the affidavit, we accept the plea of the assessee for condonation of delay, as the assessee has explained reasonable and sufficient cause for filing the appeal belatedly. Accordingly, we condone the delay and proceed to decide the appeal on merits. 5. In th....

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....ated 28.04.2006 of the Hon'ble ITAT, Amritsar Bench, Amritsar, in ITA No.380(Asr)/2003 in the case of the Bathinda Truck Operator Union Vs. the ITO Ward 1(3), Bathinda, the A.O. is directed to apply the net profit rate of 3% on the said gross receipts of Rs. 82,46,354/- as against the net profit rate of 10% applied by the A.O. and to work out the addition accordingly." Now, aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 7. The Ld. Counsel for the assessee, Sh. P.N. Arora, submitted that the addition has been made on the basis of alleged statement of payment of Carriage Expenses at Rs. 82,46,354/-, which were never received by the assessee. He further submitted that the A.O. has not made any substantial ....