2023 (1) TMI 618

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....e Act') relating to the Assessment Year (A.Y) 2011-12. 2. The brief facts of the case is that the assessee is a Company engaged in the business of Civil Contractor. As per information with the Department, the assessee made cash transaction of Rs. 26,50,000/- in its Bank of India account and also received payment of Rs. 1,53,775/- from contract/professional/technical fees during the financial year 2010-11. However the assessee has not filed its Return of Income for the Assessment Year 2011-12. The Assessing Officer believed that the income of Rs. 28,03,775/- chargeable to tax has escaped assessment and issued a notice u/s 148 on 27/03/2018. 2.1. Thereafter a notice u/s. 142(1) was issued on 02/07/2018 and 28/08/2018 fixing the case for hea....

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....tten submissions. The appellant did not made any reply to support the appeal filed by him, though the above notices were duly served on the appellant. 4.3 It is held in various decisions that not only the appeal could be filed by the appellant it should also be pursued effectively for its prosecution. In this regard reliance is also placed on the following decisionsi. Multiplan Indian P Ltd., 38 ITD 320, ITAT Delhi, wherein it was observed : 4. A judicial body has certain inherent powers. Decisions are taken for the purpose of proper and expeditious disposal of the appeals in present climate of mounting arrears partly due to appeals being filed without proper application of mind to facts and law and also at times for altogether extran....

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....the appellant is 'dismissed'. 4. Aggrieved against this Appellate order, the assesse is in appeal before us raising the following Grounds of Appeal: 1. The Ld. Income Tax Officer Ward-1(2)(5), Rajkot erred in law and on facts in levying the penalty of Rs.10,000 u/s.271(l)(b) and the learned CIT (appeal) erred in retaining the same. On the facts and circumstances of the case it is contended that the penalty levied deserves to be deleted. 2. As there was a reasonable cause for the alleged delay penalty levied deserves to be deleted. 3. In respect of notice of hearing issued by learned CIT(A) fixing the hearing on 14/01/2021 the assesse had applied for adjournment. In respect of the notice of hearing the appeal issued by the learned ....