2024 (2) TMI 1677

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....eneral ground which does not call for recording of any specific finding. 3. The common issue raised by the assessee in rest of three grounds is that ld. CIT(A) has erred in confirming the addition at Rs. 43.75 Crore by passing an ex-parte order. 4. The brief facts of the case are that assessee has filed its return of income on 26.09.2011 disclosing an income of Rs. 15,850/-. The Assessing Officer (in short ld. 'AO') has observed that he received information that cash was deposited in the accounts of M/s. S.K. Enterprises, M/s. Ashish Enterprises and M/s. Gokul Commodities Pvt. Ltd. These companies were managed by one Sh. Sanjay Agarwal. According to the AO, the cash deposit in these companies was layered through multiple accou....

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....ority itself. Therefore, neither before the AO nor before ld. CIT(A) an opportunity of hearing was granted to the assessee. 8. Ld. D/R on the other hand, relied upon the orders of Revenue authorities. He submitted that assessee never cooperated with the Department, never submitted the details well in time. Therefore, under the compelling circumstances, assessment was to be completed. 9. We have duly considered the rival contentions and gone through the record carefully. We find that the AO has not put any date on the assessment order though date of the assessment order is discernible from the impugned order of ld. CIT(A) which mentioned as 17.12.2018. The reply to the show cause notice issued u/s 133(6) of the Act was given by the sha....

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....notice u/s 148 of the Act on 29.03.2018. In response to that notice, assessee filed return on 24.04.2018 and thereafter, according to the AO, he issued a notice u/s 143(2) of the Act on 27.08.2018. Thereafter, proceeding remained dormant and all of a sudden, the AO issued notice u/s 133(6) of the Act to the share applicants inviting their explanation. He has granted only six days time without ensuring when these notices will be served upon those applicants and how they will be in a position to respond to the AO. Therefore, we are of the view that the AO has concluded the proceeding without seriously examining any aspect. 12. If we take note of ld. CIT(A)'s order then it would reveal that only one notice alleged to have been issued vide w....