DCIT-12(2)(2), MUMBAI vs. M/S.GURUASHISH CONSTRUCTION PRIVATE LIMITED, MUMBAI

ITA 2512/MUM/2018Status: DisposedITAT Mumbai10 August 2026AY 2012-1317 pages
AI SummaryRemanded

What were the facts?

The assessee, a real estate developer, filed a return declaring Nil income after claiming deduction under Section 80-IB(10). The Assessing Officer (AO) made several additions and disallowances, including rejecting the claim for Debenture Redemption Reserve (DRR) while computing book profit under Section 115JB. The Revenue appealed the CIT(A)'s order.

What did the Tribunal hold?

The Tribunal noted that the assessee did not appear for the hearing, leading to an ex-parte proceeding. The judgment details numerous grounds of appeal by the Revenue concerning various additions and disallowances made by the AO. The specific outcome for each ground is not detailed in the provided excerpt.

What were the issues?

Key issues include the rejection of revised returns, eligibility for deduction under Section 80-IB(10), computation of book profit under Section 115JB, and various disallowances of expenses and additions to income.

Which sections of the Income-tax Act were involved?

Section 80-IB(10),Section 115JB,Section 40A(2)(a),Section 40(a)(ia),Section 37,Section 43B,Section 68,Section 41(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI PAWAN SINGH

For Appellant: Shri Basavaraj Hiremath – CIT DR
Hearing: 30/07/2026

PER OM PRAKASH KANT, AM

This appeal by the Revenue is directed against order dated 29/12/2017, passed by the learned Commissioner of Income-Tax (Appeals)-20, Mumbai [in short, the learned ‘CIT(A)’] for Assessment Year 2012-13, raising following grounds:-

2.

1 The substantive grounds of appeal are as under (they have been assigned English numbers instead of roman numbers used by the appellant): G# 1 Violation of principles of Natural Justice

The learned Assessing officer erred in passing the order without giving sufficient opportunity of being heard, thereby resulting in violation of principles of natural justice.

M/s Guruashish 2

The order continues below.

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