TaxTMI 
TaxTMI 
2022 (11) TMI 533
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....Act") dated 25.03.2015. 2. Grounds of appeal taken by the assessee are reproduced as under: "1. That the learned Commissioner of Income Tax (Appeals) - 3/Kolkata has erred in confirming the addition of Rs 12,32.00,000/- u/s 68 of the Income Tax Act, 1961 on a misconceived notion and belief that the source and identity of the contributors to share capital has not been established during the assessment procedure when in reality the same has been done by the Appellant and the learned CIT(Appeals) had failed to take note of the fact that due to late transfer of the file to the jurisdictional Assessing Officer, adequate opportunity was not provided to the Appellant to present its case during the Appellate proceedings, 2. Tha....
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....s relating to her old age, issues relating to part time Accountant and circumstances which prevailed owing to demonetization as the reasons for the delay in filing the instant appeal which are all general and vague in nature. 4. Before us, none represented the assessee and Shri Amal Sudhir Kamat, CIT represented the department. On the petition for condonation of delay of 638 days, Ld. CIT, DR pointed out the conduct of the assessee which has been casual and of non-appearance at all stages of proceedings before the authorities below. He took us through the records which are perused. From the perusal of the records of the proceedings before the authorities below, chronology of events in various proceedings under the Act for the year under ....
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.... for hearing on several occasions and the assessees have sought adjournments on one pretext or the other. Today, when these appeals were called up for hearing, neither there was any adjournment application nor any body put in appearance at all. The Ld. DR stated that the issue raised in these appeals is covered against the assessee by numerous orders passed by the tribunal. We also find that the issues raised in these appeals are squarely covered against the assessee by several orders passed by this bench including Subhlakshmi Vanijya Pvt. Ltd. Vs. CIT (infra). Under these circumstances, we are taking up these appeals for disposal on merits as parte qua the assessee." iii) Assessment proceedings were initiated in terms of order pas....
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....epresented and neither any further time was sought by way of an adjournment application. The appellant does not appear to be serious about pursuing this appeal. Hence, I proceed to decide the appeal on the basis of material on record." v) Assessee has come up in appeal before the Tribunal against the order of Ld. CIT(A) which is delayed by 638 days, the reasons given in the petition for condonation of delay points out that director Smt. Meera Thakur was constrained due to the reasons mentioned therein for filing the appeal within the permissible time limits. It is important to note that assessee is a company and there are more than one director available to take care of the business as well as compliance requirements on the part of....