2022 (10) TMI 596

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....material on records are as under : 3. Assessee is a company stated to be engaged in the business of food processing and trading of food grains. Assessee electronically filed its return of income for A.Y. 2015-16 on 01.10.2015 declaring loss of Rs.13,63,67,756/-. The case was selected for scrutiny and, thereafter, assessment was framed u/s 143(3) of the Act vide order dated 28.12.2017 and the total loss was determined at Rs.6,11,72,361/- by making various disallowances / additions. On the aforesaid disallowance made by AO, AO vide order passed u/s 271(1)(c) r.w.s 274 of the Act vide order dated 08.05.2019 levied penalty of Rs. 9,68,64,615/-. 4. Aggrieved by the orders passed by AO in quantum and penalty, assessee carried the matter bef....

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....e and in law, the various additions/enhancement made by CIT(A) are bad in law and without jurisdiction and the same are liable to be deleted. ix. On the facts and circumstances of the case and in law, the order passed by CIT(A) is against the principle of natural justice . The appellant craves leave to add one or more ground of appeal or to alter/modify the existing ground before or at the time of hearing of appeal. The aforesaid grounds of appeal are without prejudice to each other." ITA No.6057/Del/2019 for A.Y. 2015-16 "i. On the facts and circumstances of the case and in law, the penalty order passed by CIT(A) u/s 271(1)(c) of the Act is bad in law and without jurisdiction. ii. On the fact....

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....rned unclaimed. On 29.09.2022 also none appeared on behalf of the assessee nor any application was filed seeking adjournment of the appeal. 6. Preferring an appeal does not mean mere formally filing it but also taking all the steps to effectively pursue the appeal. In the absence of any co-operation from the side of the assessee, we don't find any reason to keep the matter pending before us. We, therefore, proceed to dispose of the appeals ex parte qua the assessee, after considering the submissions of Learned DR and the material on record. 7. Before us, Learned DR pointed to the table noted by the AO in the assessment order which showed that various notices were issued to the assessee to explain and furnish the details as listed in t....