TaxTMI 
TaxTMI 
2022 (1) TMI 1048
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....nsolidated order for the sake of brevity. 2. We first take ITA No.2856/Del/2018 pertaining to Assessment Year 2008-09 as a lead case. 3. At the time of hearing, no one appeared on behalf of the assessee. The notice sent by the Registry through speed post as per address given by the assessee was returned unserved with remark "left without address" by the Postal Authority. The assessee has not provided any changed address to the Registry. Therefore, the appeal is being decided in the absence of the assessee and on the basis of material available on record and after hearing Ld. CIT DR. ITA No.2856/Del/2018 [Assessment Year : 2008-09] 4. Now, we take up the ITA No. 2856/Del/2018 [Assessment Year : 2008-09] wherein the assessee has r....
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.... proceedings, therefore, the assessment was completed u/s 144 of the Act ex-parte to the assessee on the basis of material available on record. Thereby, the Assessing Officer assessed the income at Rs. 43,54,060/- against the declared income of Rs. 4,59,060/-. The Assessing Officer had made addition in respect of the foreign travelling expenses of Rs. 5 Lakhs and the expenses of Rs. 33,95,000/- noted at page No.12 of Annexure A-1 which was recovered during the search action. 6. Aggrieved against the ex-parte order, the assessee filed an appeal before Ld.CIT(A), who after considering the submissions, confirmed the addition made by the Assessing Officer and dismissed the appeal of the assessee. 7. Aggrieved against this, the assessee is....
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....that Ld.CIT(A) has decided this issue by observing as under:- "During the course of hearing, Ld.AR was specifically pointed out towards above observations and was required to explain the necessity and circumstances to note these entries and kept with him so long till the date of search. In response, Id. A.R. only reiterated that this is a rough paper and appellant does not know about these entries and relied upon case laws mentioned above. In absence of any cogent submission from Id. A.R., it remained unexplainable that paper under consideration is a rough sheet and does not relates to the assessee. In this regard, it is Seen from the upper portion of paper that a word wedding was written which has struck out late....
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....is established preposition of law u/s 132(4A) & 292C of the Act that incriminating document found during search belongs to the person from whose custody it was found and the details of entries mentioned therein are true/correct. Appellant has not brought out any materials to rebut this presumption of law. Therefore, undersigned is of the view that AO has rightly addition of Rs. 33,95,000/- on this account. Hence, addition of Rs. 33,95,000/- is hereby confirmed, this ground of appellant is dismissed." 14. The assessee has not brought any material on record, rebutting the above finding on fact recorded by the Ld.CIT(A). In the absence of such material, we do not see any reason to disturb the finding of Ld.CIT(A), the same is hereby affirme....
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....nt view and following our decision in the Assessment Year 2008-09, the ground raised by the assessee is rejected. 20. In the result, the appeal of the assessee is dismissed. 21. Now, we take up the ITA No. 2858/Del/2018 [Assessment Year : 2011-12] wherein the assessee has raised following grounds of appeal:- 1. "That the CIT(A) has erred in upholding the addition of Rs. 5,00,000/- on account of Expenditure incurred on foreign Travelling without going into the submission or supporting documents filed. 2. That the authority below has erred in not adjudicating the addition of Rs. 28,90,000/- on account of unexplained cash credit u/s 68 of the IT Act without passing a speaking order on this issue violating the principle ....