TaxTMI 
TaxTMI 
2022 (7) TMI 810
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....he eyes of law and on facts 2. On the facts and circumstances of the case the learned CIT(A) has erred in passing the order without giving the assessee a proper and adequate opportunity of being heard in clear violation of principle of natural justice. 3. On the facts and circumstances of the case the learned CIT(A) has erred in -confirming the order passed by the AO without any finding on the merits of the case. 4. On the facts and circumstances of the case the learned CIT(A) has erred both on acts and in law in confirming the action of the AO in rejecting the books of accounts despite the same having been made by the assessee as per law. 5. On the facts and circumstances of the case the CIT(A) has erred....
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....red in confirming the addition of Rs.5,44,70,000/- on account of depreciation of plant and machinery. 12. On the facts and circumstances of the case the learned CIT(A) has erred in confirming the addition of Rs. 11,14,03,000/- made by the AO on account of expenditure incurred in road development inside the mines during the year. 13. On the facts and circumstances of the case the learned CIT(A) has erred in confirming the disallowance of Rs, 43,54,300/- made by the AO invoking the provisions of Section 14 A of the Act. 14. On the facts and circumstances of the case the learned CIT(A) has erred in confirming the action of the AO in assessing the book profits under Section 115JB on Rs. 7,41,20,510/-. 15. On ....
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....fore, in the absence of details and the financial accounting results, the assessing officer proceeded to make assessment u/s 144 of the Act. Therefore the Assessing Officer computed the income as under: Amt. (in Rs.) Returned loss 744671321/- Add: (i) On a/c of 3% of Gross Sales (as discussed in Para-4) 183353700 (ii) On account of proportionate intt. Exp. On loan given (as discussed in para-5) 7252000/- (i) On a/c of proportionate intt. Exp. On Interest free deposits (as discussed in para-6) 57182890/- (ii) On a/c of cessation of liability (as discussed in para-7) 12562073/- (iii) On a/c of mobilization advance (as discussed in para-8) 82600000/- (iv) On a/c of dep. On CWIP (....
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....f the authorities below and submitted that there is no illegality into the orders of the authorities below. The assessee was given sufficient opportunity to represent its case. 6. We have heard the learned CIT DR and perused the material available on record. We find that the authorities below have given sufficient opportunities to the assessee. The assessee failed to comply with the directions given by the assessing authority from time to time. Therefore, in the absence of compliance of such directions and not furnishing the evidences, the Assessing Officer was justified in proceeding and passing best judgment order u/s 144 of the Act. Ground nos. 1 & 2 are, therefore, rejected. 7. Apropos ground nos. 3 to 15, learned CIT DR heavily r....