2011 (12) TMI 793

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....BANSAL, A.M. In this appeal, the assessee has taken up nine grounds as under: - 1. "That the reassessment proceedings made by the ld. AO u/s 148/143(3) is bad in law and on the facts of the case. 2. That on the facts of the case and in law the ld. AO erred in making addition of Rs. 4,42,500/- in the income of the assessee as unexplained cash credit on the basis of mere conject....

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.... by the company in which the investment was made by the assessee, when the original allegation for which reasons were recorded was fully refuted to the satisfaction of the AO. 6. That on facts of the case and in law the ld. AO has erred in not giving an opportunity to examine the contents of letter submitted by the director of M/s Ojswi Trades Investment & Finance Limited (Investee Compan....

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....oever on that company. The Appellant craves leave to add, amend, substitute or delete all or any grounds of appeal before the appeal is finally heard or is disposed off." 2. The appeal was fixed for 30.03.2011. The ld. Counsel for the assessee filed the paper book in the court and a copy thereof supplied to the ld. Sr. DR. The case was adjourned to 27.06.2011. The Bench could not funct....

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....g the reference made at the instance of the assessee in default made following observation in their order: "If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference." 3. In the case of Commissioner of In....