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2024 (6) TMI 793

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....e delayed by 30 days in filing the appeal, for which, the assessee has filed petitions for condonation of the delay in support of an affidavit, to which; the ld. DR has not raised any serious objection. Consequently, since the assessee was prevented by sufficient cause, the delay in filing of the appeal stands condoned and the appeals are admitted for adjudication. 3. Brief facts of the case are that the assessee, Shri Jai Singh, is a trader in photo frames and owns a shop in the name of M/s. Raj Marketing at No.28, 5th street, Cross Cut Road, Gandhipuram, Coimbatore, On 24.02.2015, information was received by Income Tax Officer (investigation), Coimbatore from the police that Shri Kan Singh, was found in possession of Rs..35,00,000/- duri....

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....above notice, the assessee has manually filed the return of income for AY: 2012-13 before ITO, Non Corporate Ward 1(3), Coimbatore on 18.05.2015 in which the assessee admitted income of Rs..12,88,469/-. The Assessing Officer has noted that the assessee had not paid self assessment tax of Rs..3,43,975/-, while filing the return of income and as the same was defective, the assessee was asked to rectify the defect. In response, the assessee filed return of income under section 153A of the Act declaring Rs..2,09,280/- on 20.08.2015, the same amount which was originally declared by him vide his return of income on 16.10.2012. After considering the submissions of the assessee as well as relying on the sworn statement recorded from the assessee af....

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....was, therefore, submitted that in view of various judgements of various Courts, the assessee may be given an opportunity to substantiate his case before the ld. CIT(A) and prayed that the matter may be remitted back for fresh consideration. 7. On the other hand, the ld. DR supported the orders of the ld. CIT(A). 8. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In this case, the Assessing Officer has completed the assessment under section 143(3) r.w.s. 153A of the Act for AY 2012-13 on 29.06.2016, for AY 2014-15 on 30.06.2016 and for AY 2015-16 on 27.12.2016. Against the assessment orders, the assessee preferred appeals before the ld. CIT(A) for AY 2012- 13 and 201....