2024 (6) TMI 1472

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....onal e-Assessment Centre, Delhi passed under section 143(3) read with section 144B of the Act, date of order 21/04/2021. 2. The brief facts are that the assessee, in his individual capacity, filed his return of income declaring income under the head, 'Income from house property' and 'Income from business or profession' totaling Rs. 5,99,180/-. The assessee declared gross turnover of business of Rs. 25,11,420/- from which net profit was declared at Rs. 4,47,984/-. During the assessment proceedings, the Ld.AO found that the assessee has made transactions in different bank accounts under the proprietorship name and the total transaction so made was Rs. 20,85,79,000/-. During the assessment proceedings, the assessee declared that the assessee ....

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....us account of the assessee, which is owned by the assessee for the year under consideration. The assessee has submitted bank books which were not substantiated by supporting evidences. 3. All the circumstantial evidences prove that the deposits in the bank account of the assessee are over and above his normal course of business and the same is not disclosed in the regular books of accounts." It is noted that the assessee failed to submit the requisite details as called for by the Ld. AO. The assessee raised this issue before the Ld. CIT(A), who granted a reasonable opportunity to furnish the necessary documents. Notice was issued by the Ld. CIT(A) on 12/07/2024, fixing the hearing on 18/07/2024. The assessee filed an adjournment applicat....

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....bstantial justice in the matter. It is well-settled that the procedure is handmade of justice and justice should not be allowed to be choked only because of some inadvertent error or omission on the part of one of the parties to lead evidence at the appropriate stage. Once it is found that the party intending to lead evidence before the Tribunal for the first time was prevented by sufficient cause to lead such an evidence and that this evidence would have material bearing on the issue which needs to be decided by the Tribunal and ends of justice demand admission of such an evidence, the Tribunal can pass an order to that effect." 6. The Ld. DR, in response, supported the orders passed by the revenue authorities and contended that sufficien....