2020 (7) TMI 328

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....dv For the Revenue : Shri R.K. Gupta, Sr. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, This appeal by the assessee is preferred against the order of the CIT(A), Ghaziabad dated 28.09.2018 pertaining to assessment year 2009-10. 2. The solitary grievance of the assessee is that the ld. CIT(A) erred in enhancing the income of the assessee by Rs. 15,44,600/- on account of unexplained ....

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....the assessment ex-parte. 5. The assessee carried the matter before the ld. CIT(A) and furnished some additional evidences, which were admitted by the ld. CIT(A). 6. The ld. CIT(A) called for remand report and the Assessing Officer filed the same vide letter dated 28.08.2018. In his remand report, the Assessing Officer accepted that the short term capital gain worked out to Rs. 10,800/- and t....

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....he say of the ld. counsel for the assessee that though the provisions of section 251 of the Act gives power to the ld. CIT(A) for enhancement, but at the same time, the same cannot be considered for enhancing income under a new source of income. 9. Strong reliance was placed on the decision of the Hon'ble High Court of Kerala in the case of B.P. Sherafudin 399 ITR 524 and on the decision of....

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....that the assessment proceedings were never attended and the Assessing Officer was compelled to frame assessment u/s 144 of the Act. It is equally true that the Assessing Officer has made addition on account of short term capital gain. Before the first appellate authority, though the first appellate authority accepted additional evidences and computation of short term capital gain, but at the sa....