2021 (9) TMI 1087

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....ing of this appeal. I have perused the reasons stated in the affidavit for belated filing of the appeal. I am of the view that there is sufficient cause for filing this appeal belatedly and no latches can be attributed to the assessee. In the facts and circumstances of the case, I condone the delay for 8 days and proceed to dispose of the appeal on merits. 3. Nine grounds are raised. Ground Nos. 1, 2, 6 to 9 are general in nature and no specific arguments were raised, hence, these grounds are rejected. The surviving grounds, namely, ground Nos. 3, 4 and 5 read as follows:- "3. The learned Commissioner of Income tax (Appeals) erred in sustaining the addition made on alleged undisclosed sales amounting to Rs. 10,97,132/- on the fa....

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....hly sales figures hurriedly by 10th of every month is not a genuine reason for declaring lower sales. The AO after examining the sales, has confirmed the addition made during the assessment proceedings. As the assessee could not reconcile the difference even during the appellate proceedings and his reasoning not based on any evidence, the addition made on this issue is hereby confirmed." 4.2. The assessee being aggrieved, is in appeal before the Tribunal. The assessee has filed a paper book comprising of 27 pages enclosing therein copy of audited balance sheet and profit and loss account for the relevant assessment year, communication of the assessee before the Assessing Officer and the CIT(A), copy of the return filed under VAT, copy of....

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....her it constitute income has not been disputed by the assessee before the Tribunal. Hence, the addition of Rs. 24,370 is confirmed. Ground No. 5 : Addition of Rs. 4,526 enhanced to Rs. 7,950 6. The Assessing Officer during the course of assessment proceedings noticed that the total purchases during the financial year 2014-2015 as per the IOC statement was Rs. 9,28,86,503, whereas, the trading account of the assessee shows purchases of only Rs. 9,28,81,977. Therefore, the difference of Rs. 4,526 was brought to tax. 6.1. Aggrieved, the assessee preferred an appeal to the first appellate authority. Before the first appellate authority, the A.O. in the remand report submitted that as per VAT report, the purchases of petroleum products ....