TaxTMI 
TaxTMI 
2025 (3) TMI 2187
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.... Tax Act, 1961 [hereinafter referred to as "the Act"] by the Income Tax Officer, Ward 5(3)(3), Ahmedabad [hereinafter referred to as "AO"] for Assessment Year (AY) 2017-18. Condonation of Delay 2. At the outset, it is noted that the appeal before us has been filed with a delay of 259 days. In support of the condonation, the assessee has filed a duly sworn affidavit dated 19.03.2025 executed by Shri Ashvin Nanalal Dagla, partner of the assessee-firm. It is averred that although the email ID provided in Form 35 was [email protected], subsequent notices under section 250 and the order of the CIT(A) were issued to different email IDs ([email protected] and [email protected]), due to which the assessee remained unawa....
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.... creditors Rs. 27,98,009/- * Ad hoc disallowance of expenses (20%) Rs. 3,71,556/- * Addition under section 69A of the Act (8% of demonetized deposits) Rs. 11,84,025/- 3.1. Total assessed income was thus enhanced to Rs. 58,39,750/- as against returned income of Rs. 4,01,560/-. The AO also initiated penalty proceedings under section 271AAC of the Act and charged interest under sections 234A, 234B, 234C and 234D of the Act. 4. The appeal filed before the CIT(A), NFAC was also disposed of ex-parte, confirming the additions without considering merits of the case. 5. Aggrieved by the order of the CIT(A), the assessee has raised the following substantive grounds before us: The following grounds are raised aga....
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.... Penalty proceedings u/s 271AAC of the Act. The learned A.O. has grossly erred in assuming jurisdiction to initiate penalty proceedings in as much as the appellant denies to have any unexplained money or cash credit, as addition made by the learned AO which forms the basis of initiation of penalty proceedings are fully untenable both in the eye of law as well as on facts of the case. It is therefore prayed that initiation of penalty proceedings may kindly be quashed/cancelled. 7. Charging of interest u/s 234A, 234B, 234C and 234D of the Act. The appellant denies to pay interest as there being no default as per section 234A, 234B, 234C & 234D of the Act. The additions/disallowance made by the learned A.O. could not....
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....d the rival submissions and perused the material available on record. It is observed that both the assessment order passed under section 144 of the Act and the appellate order passed by the Ld. CIT(A), NFAC, were concluded ex-parte, primarily on account of the assessee's non-compliance with statutory notices. However, the assessee has placed on record material to demonstrate that an adjournment request was duly submitted in response to the notice under section 250 of the Act, along with an explanation that relevant documents were under compilation. While the conduct of the assessee in not fully responding to subsequent notices may have contributed to the ex-parte orders, the contemporaneous correspondence indicates that the assessee was not....