KRANTHI EDIFICE PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HYDERABAD
What did the Tribunal hold?
The Tribunal found that the CIT(A) did not decide the appeal on merits and the assessee did not appear. Therefore, the case was remanded to the CIT(A) for a decision on merits after the assessee presents all relevant material.
What were the facts?
The assessee, engaged in construction, had Rs. 8 Crores of share capital received in cash. The Assessing Officer added this amount under Section 68, citing failure to prove identity, genuineness, and creditworthiness of investors. The CIT(A) confirmed the addition without a hearing on merits due to the assessee's non-appearance.
What were the issues?
Whether the addition under Section 68 for cash share capital was justified, and whether the CIT(A) erred by not deciding the appeal on merits after the assessee's non-appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SMT. P. MADHAVI DEVI & SHRI A. MOHAN ALANKAMONY
This is assessee’s appeal for the AY.2013-14, directed against the order of the Commissioner of Income Tax (Appeals)–2, Hyderabad, dated 31-07-2017.
Brief facts of the case are that the assessee-company, which is engaged in the business of construction activity, filed its return of income for the AY.2013-14 on 01-10-2013, admitting income of Rs.1,41,78,020/-.
During the assessment proceedings u/s.143(3) of the of the Income Tax Act [Act], the Assessing Officer (AO) observed that out of the total paid-up share capital of assessee i.e., Rs.13 Crores, Rs.5 Crores have been transferred from partnership firm viz., Kranti Construction on conversion into company and the balance amount of Rs.8 Crores has been received in cash. The assessee filed confirmation letters from the parties who have invested in cash in which they confirmed that investments in cash. The AO observed that the assessee failed to furnish their returns of income and bank statements and therefore, he held that the identity of the parties, genuineness of transactions and creditworthiness of the parties is not proved. Thus, he invoked the provisions of Section 68 of the Act and made the addition of Rs.8 Crores. He also made certain other additions u/s.40(a)(ia) of the Act and disallowed ROC charges.
Aggrieved, the assessee filed an appeal before the CIT(A), but did not appear before the CIT(A) inspite of notices for hearings on 13-03-2017, 30-03-2017, 17-04-2017, 15-05- 2017, 30-05-2017, 26-06-2017 and 11-07-2017 issued to the assessee. Therefore, the CIT(A) proceeded to dispose-of the appeal and confirmed the assessment order.
Aggrieved, the assessee is in appeal before us by raising the following Grounds :
“1. The order of the Hon'ble CIT(A) is erroneous in law as well as facts of the case. 2. The Hon'ble CIT(A) without allowing proper and sufficient opportunity dismissed the appeal and therefore the order cannot be held as valid.
3. The Hon'ble CIT(A) ought to have observed that the assessing officer erred in making addition of Rs.8 crores by invoking provisions of section 68 of the IT Act and therefore, ought to have deleted the addition.
4. The Hon'ble CIT(A) ought to have held that the assessing officer erred in disallowance of expenditure of Rs.17,91,431/- by invoking provisions of section 40(a)(ia) of the IT Act and therefore the same is liable to be deleted. 5. The Hon'ble CIT(A) ought to have observed that the disallowance of expenditure of Rs.3,73,508/- by the assessing officer by mentioning that the same represent ROC charges is erroneous and therefore the same is liable to be deleted. 6. Any other ground will be raised at the time of hearing”.
The case is taken up for hearing on 29-09-2020 through video conferencing and both the parties were heard.
Having gone through the assessment order as well as the order of the CIT(A), we find that the assessee has not filed any evidence before the CIT(A) due to which the CIT(A) was constrained to confirm the assessment order by observing that the assessee has not furnished any evidence during the appellate proceedings to rebut the conclusions of the AO in the assessment order. The CIT(A) ought to have decided the appeals on merits.
Ld.Counsel for the assessee prayed for another opportunity to present its case before the CIT(A).
Ld.DR was also heard.
Taking into consideration the fact that none appeared before the CIT(A) and that even the CIT(A) has not disposed-of the appeal on merits but has merely confirmed the assessment order, we deem it fit and proper to remand the issue to the file of CIT(A) with a direction to pass a speaking order on merits of the case. The assessee is directed to file all the relevant material before the CIT(A) and co-operate with the CIT(A) for early conclusion of the appeal proceedings.
In the result, the appeal of assessee is treated as allowed for statistical purposes.
Order pronounced in the open court on 6th October, 2020
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