2023 (10) TMI 388

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..... 3,98,98,500/- by not considering the merit of the case as elaborated by the AO in the assessment order. 2. Whether on the facts and in the circumstances of the case, the ld. CIT(A) has erred in law in holding that the addition made by the AO was merely based on suspicion and surmises without any cogent material to controvert the evidence filed by the assessee in support of claim. 3. That the appellant craves for leave to add, delete and modify any of the grounds of appeal before or at the time of hearing." 2. At the outset, we find that there is a delay of 1 day in filing of the appeal by the assessee. We after perusing the petition for condonation are convinced that the assessee was prevented by sufficient cause from....

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....IT(A) where the ld. CIT(A) allow the appeal of the assessee. 5. Aggrieved by the above order, revenue is in appeal before the Tribunal raising multiple grounds of appeal. However, core grievance of the revenue is that ld. CIT(A) has erred in law by deleting the addition made by the AO and allow the appeal in favour of the assessee. 6. At the time of hearing, nobody is present on behalf of the assessee nor any adjournment petition sought for. Therefore, we proceeded to decide the matter ex-parte qua. We decide the appeal on the merits of the case and on the submission made by the ld. DR before us. The ld. DR submitted that the facts of the case that the Assessing Officer had made detailed investigation by issuing notices u/s 133(6) of ....

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....imply allowed the appeal of the assessee only on the submission made by the assessee without taking into consideration the findings given by the AO. We also noticed that while the assessment order was framed, the assessee has completely failed to submit any material evidence or documents in support of its contention before the AO and even before the Tribunal to show the fact that view taken by the AO is not correct. The assessee has not submitted any evidences/explanation to discharge its onus u/s 68 of the I.T. Act, 1961 Act even before us. The assessee chose not to appear before us when this appeal was fixed for hearing nor adjournment application was filed. The assessee has not submitted any explanation/evidences to satisfy the mandate o....