2024 (4) TMI 705

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....evances revolve around a single issue, namely ld. CIT(Appeals) has erred in confirming the addition of Rs. 3,77,00,000/-, which was added by the ld. Assessing Officer with the aid of Section 68 of the Income Tax Act. 3. Brief facts of the case are that the assessee has filed its return of income on 30.09.2012, declaring 'NIL" income. The case of the assessee was selected for scrutiny assessment and notices under sections 143(2)/142(1) were issued and served upon the assessee. The assessee did not respond to those notices. The ld. Assessing Officer passed the assessment order under section 144(1) of the Income Tax Act, i.e. according to his best judgment. He observed that on verification of Income Tax Data Base, it revealed that assessee-....

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....o to section 144(1) of the Income Tax Act. The assessee has not pleaded its case on merit. It has not pleaded the details of applicants, their source of money or anything else. In response to four notices, no one has appeared before the ld. CIT(Appeals). The appeal before the Tribunal has made time barred by 24 days. No one has appeared before the Tribunal nor any paper book has been filed, wherein details on merit have been demonstrated before the ld. 2nd Appellate Authority. 7. We are conscious of the facts that punishment in the shape of taxes and penalty could be disproportionate to the negligence of assessee for not appearing before the ld. Assessing Officer or before the ld. 1st and 2nd Appellate Authority, but failure of the asses....

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....nce. Therefore, the delay in filing the appeal is not condoned. The appeal is dismissed being time barred. 9. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 02/04/2024. ============= Document 1 MANMOHAK INFRASTRUCTURE PRIVATE LIMITED ******* To 56E, HEMANTA BASU SARANISTEPHEN HOUSE 4TH FLOOR KOLKATA-700001 The Assistant Registrar I.T.A.T., Kolkata CIN: U70109WB2011PTC162458 225C, A.J.C. Bose Road, Kolkata - 700 020 Before the Income Tax Appellate Tribunal at Kolkata In the matter of M/s. Manmohak Infrastructure Private Limited. Assessment Year 2012-2013 Sub.: Request for Condonation of delay. Respected Sir/Madam, Date -15/12/2023 With d....