2018 (3) TMI 1929

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....an For the Department : Shri V. Vidhyadhar ORDER Per B.R. Baskaran (AM) :- The assessee has filed this Stay Application seeking stay of outstanding demand raised in AY 2011-12. 2. Learned AR submitted that the assessee has incurred heavy losses in the immediately preceding years. He submitted that the director of the company is residing in UK. Due to heavy losses, operations of the ....

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....mpany and hence no one could appear before the learned CIT(A). Accordingly, the learned CIT(A) has dismissed the appeal of the assessee. 4. The Learned AR submitted that the Assessing Officer has also passed order u/s. 230 of the Act restraining the assessee from leaving India. The assessee has was constrained to pay a sum of Rs. 20 lakhs as part payment of tax in order to get permission from t....

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.... the satisfaction of the Assessing Officer. Since the assessee has failed to discharge the onus placed on it, Assessing Officer was justified in making the impugned additions. Accordingly he opposed the stay. 6. On the contrary, learned AR submitted that the assessee did not get an opportunity to discharge the initial onus placed upon it. Accordingly, he prayed that the appeal may also be taken....

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.... of the view that, in the interest of natural justice, the assessee may be provided with an opportunity to present its case before the Assessing Officer. However, since the assessee has failed to appear before the tax authorities in the original proceedings, we are of the view that the assessee should be imposed a cost for being negligent. Accordingly, we impose a cost of Rs. 25,000/- on the asses....