2018 (11) TMI 696

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....d assessing officer which is contrary to law, passed without application of mind and without complying with the procedure and rules, is against equity and justice and facts of the assessee and material on record. 2. The appellant denies his liability to tax as upheld by the learned CIT (A) and determined and computed by the learned assessing officer and the manner in which it has been so determined or computed. 3. The learned CIT(A) has erred on facts and in law in upholding the validity of reassessment proceedings ignoring the fact that initiation of the proceedings u/s 148 and the consequent order u/s 147 are bad in law as: a. The initiation of proceedings u/s 148 is contrary to provisions of law. b. Th....

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.....09.2008 declaring income of Rs. 45290/-. Subsequently, notice u/s 148 was issued on 28.03.2015. According to information the assessee has obtained accommodation entries from Mr. S.K.Jain as estimated information received from DIT. The accommodation entries is stated to be as share capital etc. the ld AO further noted that the return of income was not available on record filed by the assessee and therefore, the ld AO had a reason to believe that income of Rs. 30 lakhs as escaped assessment. The ld AO further noted that he is satisfied that the assessee has not disclosed truly and fully all the materials facts in the return of income. Reasons for reopening were supplied to the assessee on 29.06.2015 and the assessee filed objection on 31.07.....

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....nd addition of Rs. 30 lakhs u/s 68 of the Act and further made an addition of commission @1.8% of Rs. 54000/- on the same. Consequently, assessment u/s 143(3) of the Act was passed on 22.03.2016. 4. The assessee aggrieved with the order of the ld AO preferred appeal before the ld CIT(A). None appeared before the ld CIT(A) and the ld CIT(A) dismissed the appeal of the assessee confirming the above addition stating that this is clear cut case of non prosecution of appeal as the assessee did not appear before the ld CIT(A). She also confirmed the addition consequently. Therefore, now is in appeal before us. 5. The ld AR vehemently submitted that as no notice was served to the assessee therefore, the assessee could not appear before the l....