2025 (6) TMI 1708

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....ed by an affidavit. 3. The learned AR of the assessee has submitted that in response to the notice of hearing dated 30/09/2024, the assessee sent a reply and requested for adjournment of the hearing as the assessee desired to opt for Direct Tax Vivad-se-Vishwas Scheme 2024. The assessee thereafter was busy in arranging the funds to meet the tax demand of Rs. 12.00 crores to be paid within 15 days from the issuance of Form-II by the designated authority under Direct Tax Vivad-se-Vishwas Scheme 2024. However, the learned CIT(A) has dismissed the appeal of the assessee vide the impugned order dated 29/10/2024 without considering the request of the assessee for adjournment of the hearing. Since the assessee could not mobilize the required fu....

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.... expressed_ my desire to opt for VSVS 2024 and therefore requested the ld. CIT(A) to adjourn the hearing of the appeal. As the taxes are to be paid within 15 - | days from issuance of Form 2 by the Designated Authority as per the Scheme, I wanted to first mobilise the amount and then file the application in FORM -1 under VSVS 2024. Therefore, I was in the process of raising funds to meet the tax demand of about Rs. 12 lakhs as told by my income tax practitioner (though incorrectly mentioned in the demand notice as Rs. 1). Later, as I was unable to mobilise funds as intended, I approached my practitioner in the third week of March, 2025 to inform him that I am unable to raise funds, and that we will pursue the appeal on merits. When my couns....

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....me till April, 2025 to avail VSVS 2024 scheme and the ld. CIT(A) is incorrect in denying the appellant adjournment sought when the government has given time till April, 2025, and in dismissing the appeal without even putting the Appellant on notice. 6. We note that in response to the notice dated 30/09/2024, the assessee filed a letter requesting the adjournment of the hearing on the ground that the assessee contemplates to settle the disputes under the Direct Tax VSVS 2024. A copy of the reply filed by the assessee is placed at page No.11 of the paper book whereby the assessee has uploaded the reply on 4/10/2024 for requesting the adjournment of the hearing as the assessee wanted to settle the dispute under the Direct Tax VSVS 2024. It ....

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....d in not adjudicating the issue with respect to the jurisdiction of the JAO in issuing notice u/s.148 of the Act, contrary to the provisions of section 151A of the Act and the circular no.18 of 2022. 3. The Id. CIT(A) erred in sustaining. the addition made by the AO of Rs. 58,30,398/- by estimating the same at 12% of total cash deposits and treating the same as business receipts. 4. The authorities below failed to appreciate that the Appellant is only commission agent and estimating the income at 12% is on higher side and is impractical. (Tax Effect: Rs. 18,01,593/-) 5. Any other ground that may be urged at the time of hearing. 8. At the time of hearing the learned AR of the assessee has submitted that the l....