2019 (9) TMI 1355

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....004-05 respectively. The Cross Objections (2 cross objections) in C.O. Nos.05 & 06/PUN/2019 filed by the assessee. Preliminary Issue - Condonation of Delay 2. Before us, at the outset, ld. Counsel for the assessee submitted that the cross objections could not be filed in time and the said cross objections are now filed with the delay of 40 days. In this regard, ld. Counsel for the assessee filed an affidavit stating the reasons for nonfiling the cross objections of the assessee in time. For the sake of completeness, the relevant paras of the said affidavit are extracted hereunder :- "............ I wish to state that I am a practicing Chartered Accountant based in Nashik and I am looking after the income tax appellate matters of the p....

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....ning the relevant signatures, the Memorandum of Cross Objections in Form No.36A was manually filed by myself at Pune on 07/02/2019. I hereby state that in view of the above facts, there was a delay of 40 days in filing the Memo of Cross Objections before Hon'ble ITAT Pune. I hereby state that the fact that the Income Tax Department had preferred an appeal before Hon'ble ITAT came to my notice on 28.11.2018 after finding out that the matter was listed in the Cause List before Tribunal. I wish to state that at that time itself, I had advised the partner of the above firm that we should file cross objections in Form No.36A before Hon'ble Tribunal against the appeals filed by the Income Tax Dept. I further state that in the first hearing on 2....

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....epartment revealed that the differential amount of sales-tax @ 16% has been evaded by the assessee. 2. The assessee has suppressed the sales in the return of income by Rs. 2,01,39,410/-." 6. Further, bringing our attention to the details of addition made by the Assessing Officer vide the contents of para 6 of assessment order, ld. Counsel for the assessee submitted that the addition made by the Assessing Officer relates to the GP percentage based addition. There is no reference to such addition in the reasons recorded by the Assessing Officer. 7. Before us, ld. Counsel for the assessee submitted that such reassessment is void ab-initio considering the facts and the ratio laid down by the Hon'ble Bombay High Court in the case of CIT vs. ....