JOINT COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE vs. M/S VASTUSHILP BUILDERS & DEVELOPERS, PUNE

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ITA 582/PUN/2023Status: DisposedITAT Pune11 September 2023AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found no evidence to support the CIT(A)'s relief and noted the assessee's consistent non-appearance. Therefore, the matter was remanded to the CIT(A) for fresh consideration with directions to consider evidence and assist the assessee.

What were the facts?

The Revenue appealed an order by the NFAC for AY 2015-16. The assessee, a builder, declared Rs. 24,37,090 income, but the AO added Rs. 3,00,00,000 based on a survey where the assessee declared additional income.

What were the issues?

Whether the CIT(A) erred in granting relief without sufficient evidence from the assessee, and whether the matter should be remanded for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 133A,Section 143(3),Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

For Respondent: Shri M.G. Jasnani

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the Revenue against the order dated 17-03-2023 passed by the National Faceless Appeal Centre, Delhi (“NFAC”) for assessment year 2015-16.

2.

We note that this appeal was filed on 22-05-2023 and the Registry intimated the date of hearing on 05-06-2023 vide notice dated 27-05-2023. Non-appeared on the behalf of the assessee and accordingly, the appeal adjourned to 26-06-2023. Likewise on 26-06-2023, 24-07-2023, 17-08- 2023 and also on 06-09-2023, we find no representation on behalf of the assessee. Thus, the assessee called absent and set ex-parte. Therefore, we proceed to dispose off the appeal by hearing the ld. DR and perusing the material available on record.

3.

Heard ld. DR and perusing the material available on record. We note that the assessee is partnership firm, engaged in the business of property developers and builders. The assessee conducts its business under the name and style as M/s. Vastushilp Builders and Developers. The assessee filed return of income declaring a total income of Rs.24,37,090/- and the AO completed the assessment to his best judgment by determining the total income of the assessee at Rs.3,24,37,090/- inter alia making addition of Rs.3,00,00,000/- vide its order dated 23-12-2017 passed u/s. 143(3) r.w.s. 144 of the Act. We note that a survey action u/s. 133A of the Act was conducted in the case of M/s. Vastushilp Builders and Developers on 24-02-2015. During the course of said survey, the assessee declared additional income of Rs.3,00,00,000/-. According to the AO that the assessee shown net profit as per the trading profit and loss account for the period between 01-04-2014 to 24-02-2015 at Rs.2,96,84,246/- and net profit was shown in the return of income is only Rs.24,37,196/-. The AO added an amount of Rs.3,00,00,000/- to the total income of the assessee. We note that the CIT(A), NFAC, Delhi issued several notices which is evident from para 4.1 of the impugned order, but no reply was filed by the assessee in response to the said notices. However, the CIT(A) given relief on the ground that the gross total income of the assessee is more than the amount offered during the course of survey. We find no evidence to show that the gross receipt is more than the additional income offered during the course of survey to accept the finding of the CIT(A). The onus lies on the assessee to bring on record all the evidences in supporting the finding of CIT(A) but as discussed above, the assessee was not appearing before the this Tribunal as that of NFAC, Delhi as well as before the AO. Taking into such circumstances and in the interest of justice, we deem it proper to remand the matter to the file of CIT(A) for its fresh consideration with a direction to dispose off the appeal referring to evidences by taking assistance from the assessee. The assessee is liberty to file evidences, if any, in support of its claim. Thus, the grounds raised by the Revenue are allowed for statistical purpose.

4.

In the result, the appeal of Revenue is allowed for statistical purpose.

Order pronounced in the open court on 11th September, 2023.

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