2018 (4) TMI 1994

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....of income for A.Y 2008-09 on 30.09.2008 declaring total income of Rs.6,46,710/-. The case of assessee was selected for scrutiny and thereafter, assessment was framed u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') vide order dated 24.12.2010 determining total income of Rs.1,30,25,111/-. Aggrieved by the order of Assessing Officer, Assessee filed appeal before CIT(A) who vide order dated 21.12.2011 ( in appeal no.PN/CIT(A)-I/DCIT/AN Cir.AN/174/10-11) dismissed the appeal of Assessee. Aggrieved by the order of CIT(A), Assessee filed appeal before Tribunal. The Tribunal vide order dated 15.12.2016 in ITA No.1907/PUN/2014 dismissed the appeal of Assessee. Aggrieved by the order of Tribunal, Assessee filed Miscella....

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....t appeal and the delay was not due to any mala-fide intentions. She therefore, prayed that the delay occurred in filing the present appeal be condoned. 4. The Ld. AR for the assessee took us to the contention of affidavit and submitted in view of the submissions made by Legal heir of assessee and considering the facts and circumstances; delay in filing appeal may be condoned. The Ld. DR did not seriously objected to the prayer for condonation of delay in filing of appeal. 5. We have heard the rival submissions on the issue of condonation of delay. The assessee has in the sworn affidavit spelt out the reasons which lead to the delay in filing the present appeal. In view of the settled law that when substantial justice and technicalities ar....

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....wn in the balance sheet. The assessee was asked to file copies of account extracts, confirmation letters, copies of return of income etc of the creditors. Assessing Officer noted that Assessee filed a part list of the creditors and the list did not contain their addresses. The Assessing Officer, thereafter, deputed one Inspector to carry out verification with some of the creditors. The Assessing Officer noted that the Inspector visited eight creditors of Aurangabad and reported that out of eight persons, seven creditors confirmed that they did not have any transaction whatsoever with assessee. The finding of Inspector was informed to the assessee. The Assessing Officer noted that no satisfactory explanation was furnished by assessee. He, th....

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....Before us, Legal heir of Shri Manju Madhusudan Dhoot has filed an affidavit wherein it is inter alia submitted that Madhusudan Banshilal Dhoot was under treatment since 2010-2011 because of which he could not furnish necessary documents/details before Authorities below and he expired on 08.05.2012 and after his death, business is closed. Before us, Ld. AR submitted that in the earlier year and subsequent year, additions on account of unexplained creditors u/s. 68 has been made to the extent of 10% of purchases. The aforesaid contention of the Ld. AR and legal heir of the Assessee has not been controverted by Revenue. We also find that CIT(A) has passed an ex-parte order. In a normal situation, we would have remitted the issue back to the fi....