TaxTMI 
TaxTMI 
2022 (3) TMI 70
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....d by limitation. Shri Sarath Rajendraprasad, Director of assessee-company has filed an affidavit for condonation of delay by stating reasons for impugned delay as follows: AFFIDAVIT I, Sarath Rajendraprasad Nair, S/o. Shri Rajendraprasad R. Nair, Director of Ironbuild Systems Pvt. Ltd., V.U. Nagar hereby declare on oath as under: 1. That I am Director in Ironbuild Systems Pvt. Ltd. V.U. Nagar 2. That the appeal has been preferred before the Hon. CIT-Appeals against the order of Dy. Commissioner of Income Tax, Anand Circle Anand for the AY 2009-10. 3. That the appeal before the Hon. CIT-Appeals had been disposed of by the Hon. CIT-Appeals on 6.3.2014. 4. That the fact is that the order was received by the Accounts Manager Shri Pr....
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....t he left the assessee-company in the month of May, 2016 and left country for better job opportunity. The assessee came to know about the disposal of the appeal when it received recovery notices from the Department. 4. We have gone through the affidavit filed by the Director of the assessee-company. The assessee is a private limited. No doubt it has its own Accounts Manager to look after accounts and financial management. Even before the Ld. CIT(A) they had engaged a Chartered Accountant to represent the case on their behalf. The reason stated in their affidavit are not convincing for the fact that the impugned order received by the then Accounts Manager in 2014 itself, but he was stated to have left company and the country in the month of....
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....ngs. In this regard, we observe as follows. 7. A perusal of order of the Ld. CIT(A) makes it very clear that while completing the assessment, the Ld. AO has granted six opportunities to the assessee prove their case. Even before the CIT(A) there were two remand report called for by the Ld. CIT(A) and the conclusion arrived at by the Ld. CIT(A) are as follows: "4.3.1. Thus it is seen that though the appellant had discharged its initial onus by providing the details of creditors/persons to whom the expenses have been paid, after the investigation made by the AO in the course of which such purchases/expenses were not confirmed by the other parties, onus shifted back on the appellant to establish the genuineness of such expenses. Despite, be....
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....on in the business of the appellant. Similarly/regarding the other expenses it was incumbent upon the appellant to provide evidence regarding the rendering of services by other parties for whom the payments were made to them. But, right from the beginning, despite being provided with several opportunities during the course of the assessment proceedings as well as the appellate proceedings, the appellant has stuck to its argument that once it has provided full details regarding identity of the parties and since, payments have been made by the account payee cheques, hence, the genuineness of such expenses have to be accepted by the AO. In the 3rd Member decision of ITAT Ahmedabad Bench in the case of Amar Mining Co. 121 ITD 273 (TM), the benc....