GORBANDH FORT AND PALACE PRIVATE LIMITED,JAIPUR vs. ITO, WARD 1(2), JAIPUR

The impugned order passed u/s. 147 r.w.s 144 of the Act dated 30.03.2022 is bad in law and on facts of the case, for want of juri iction and for various other statutory reasons and hence, the same may kindly be quashed and in any case, the impugned addition/s be deleted.

The Ld.CIT(A) erred in law as well as on the facts of the case in passing an ex parte order dated 15.12.2023 and confirming the action of the AO in framing assessment u/s. 144 r.w.s 147 of the act. The impugned order having been 2

The Ld.CIT(A) erred in law as well as on the facts of the case in confirming the action of Ld.AO in making addition of Rs. 87,11,06,018/- under section 69 of the Act. The addition so made is contrary to the law as well as facts and deserves to be deleted.

The Ld.CIT(A) erred in law as well as on the facts of the case in confirming the action of Ld.AO invoking the provisions of section 115BBE of the act, which is contrary to the provisions of law as well as facts and deserves to be quashed.

The Ld.CIT(A) erred in law as well as on the facts of the case in confirming the action of Ld.AO in making addition of interest income of Rs. 1,11,372/-. The addition so made is contrary to the law as well as facts and deserves to be deleted.

That the appellant craves your indulgence to add, amend or alter all or any grounds of appeal before or at the time of hearing.”

The brief facts of the case are that the assessee company is amongst the non-filer of the return u/s. 139 of the Act. As per data available in AIMS/ITBA system of the department, the assessee company has purchased immovable property for Rs. 87,11,06,018/- and also received interest under section 194A of the Act amounting to Rs. 1,11,372/-. In view of this a notice u/s. 148 of the Act was issued to the assessee vide dated: 27.03.2021 for filing of appeal within 30 days. But, no return in response to the same was filed by the assessee. Thereafter, notices u/s. 142(1) of the Act was issued vide dated: 20.11.2021, 16.12.2021, 17.01.2022 and final show cause notice u/s. 144 of the Act vide dated: 10.02.2022. Ultimately, a show-cause alongwith draft assessment order u/s. 144B of the Act was also issued vide dated: 23.03.2022. Same notices were issued through speed post also vide para 3.4 of the assessment order.

As a matter of last resort, the AO assessed the case of the assessee u/s. 144 r.w.s. 144B and 147 of the Act at a figure of Rs. 87,12,17,390/- (Rs. 87,11,06,018/- + Rs. 1,11,372/-) u/s. 69 of the Act chargeable to tax u/s. 115BBE of the Act. The assessee being aggrieved with this order of the AO preferred an appeal before the Ld. CIT (A), NFAC-Delhi, who in turn dismissed the appeal of the assessee. As there was also no compliance by the assessee, on designated dates and notices as mentioned in Para 4 of the appeal order. The assessee being further aggrieved with the order of the Ld. CIT (A) preferred the present appeal before us. 4. We have gone through the order of the AO, order of the Ld. CIT (A) and submissions of the assessee before us. We have gone through the affidavit also filed under the signature of some Mr. Vinay Chordia as authorized representative of the assessee. It is observed that all the notices pertaining to the assessment proceedings were issued at email-id jugal59@gmail.com (As available in the ITBA System). Moreover, the notices in physical were also issued to the assessee by the designated verification unit of the ReFAC and were duly delivered as demonstrated vide para 3.4 of the assessment order, but none has come forward to participate. Thereafter, the assessee itself provided email-id ravi@pacificindustriesltd.com in Form No. 35 filed before the Ld. CIT (A). Still, the same story repeated again and no participation by the assessee before the Ld. CIT (A). It certainly establishes the casual approach of the assessee and avoidance of participation in the proceedings before the appropriate authorities. 5. Now, we have to examine the chronology of events considering the affidavit filed by the assessee before us. As per the assessee’s affidavit mentioned (supra), vide stamp dated: 13.08.2024 and prepared and signed on the same date by the person mentioned (supra). Alongwith this affidavit, the assessee also filed copy of the certificate issued by the