Dinesh Kumar Mishra Vs ITO (ITAT Raipur)
ITAT Raipur held that passing of CIT(A) order was ex-parte without hearing the assessee and there is sufficient cause shown by assessee in not attending hearings as per opportunities granted by CIT(A). Accordingly, matter remanded back to CIT(A).
Facts- The assessee is a partnership firm engaged in the transport business, had not filed its regular Return of Income. Further as per information available in ITR data, it was noticed by the revenue that TDS u/s 194C was deducted at Rs.21,92,390/- and u/s 194A for Rs. 9,26,829/-. It is also noticed by the Ld. AO that during the year under consideration, the assessee had deposited cash amounting to Rs. 66,00,000/- in his SB account and Rs. 29,00,000/- in time deposits. Hence, proceedings u/s 147 of the Act were initiated and a notice u/s 148 was issued on 12.02.2016. Not being satisfied with the reply of the assessee, AO made lumpsum disallowance of 10% amounting to Rs. 1,43,86,586/-, from the head Freight Outward Bauxite; lumpsum disallowance of Rs. 2,00,000/- from Vehicle Running and Maintenance Expenses; lumpsum disallowance of Rs.1,50,000/- from Salary and Bhatta, Driver Helper Expenses; lumpsum disallowance of Rs. 1,50,000/- from Loading, Handling of Bauxite Expenses.
