M/S OBEROI IBC INDIA PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

From para no. 6 of the impugned order, it appears that eight notices in total, were sent to the Assessee, however, still the Assessee except partially making submission in response to notice dated 25.01.2025, eventually made no response/compliance and therefore the ld. Commissioner vide impugned order affirmed the additions Rs. 1,24,49,802/- and Rs. 1,30,587/- respectively made by AO, on account of disallowance u/s. 14A(ia) of the Act and interest expenses on delayed payment u/s. 37(1) of the Act.

Admittedly, in the absence of relevant reply and documents, the ld. Commissioner sustained the additions on the basis of determination made by the Assessing officer only. If we consider the conduct of the Assessee, then the Assessee do not deserve any leniency. However, considering the facts in totality, as the issues remained to be adjudicated in its right perspective and proper manner, hence, for just and proper decision of the case and to afford a last and final opportunity to the Assessee, we are inclined to remand the instant case to the file of the ld. Commissioner for decision afresh, but subject to deposit of Rs. 11,000/- in the revenue department under ‘other heads’ within 15 days from the receipt of this order. We clarify that in case of subsequent default, the Assessee shall not be entitled for any leniency. Thus, the case is remanded to the file of the ld. Commissioner accordingly. M/s. Oberoi IBC India Pvt. Limited 3 5. In the result, appeal filed by the assessee stands allowed for statistical purposes.