2019 (9) TMI 1171

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....Respondent by: Shri Clement Ramesh Kumar, JCIT ORDER PER S. JAYARAMAN, ACCOUNTANT MEMBER: The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-13, Chennai in ITA No.54/CIT(A)-13/2011-12 dated 6.08.2018 for the assessment year 2011-12. 2. The assessee's appeal is delayed by 5 days. The assessee filed condonation petition pleading that the short de....

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.... provide adequate opportunity of being heard before passing the assessment order. Subsequently, the Assessing Officer issued a notice U/s.142(1) calling for various particulars and to appear on 10.11.2017. Though, the notice was served on the assessee on 27.10.2017, the assessee did not appear. A final opportunity was given to the assessee on 23.11.2017 fixing the hearing on 29.11.2017. Neither th....

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....47% on the contract receipts. He held that it is being on higher side in comparison to the line of business. In the absence of production of substantial evidence, the Assessing Officer disallowed 14% of such expenses as an excess claim. Similarly, the Assessing Officer found that the labour charges claimed by the assessee was at the rate of 44% on the gross contract receipts. He held that it is hi....

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....y materials, this appeal may be remitted back to the Assessing Officer for a fresh examination, to which the Ld.DR opposed stating that the appeal before the ITAT is on the second time on the same set of issues. The assessee neither produced any evidence before the Assessing Officer nor before the CIT(A) and not even before the ITAT at this stage. So the Ld.DR pleaded that no useful purpose would ....