MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED,BHOPAL vs. DCIT ACIT 2(1), BHOPAL, BHOPAL

Feeling aggrieved by order of first-appeal dated 13.02.2024 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of assessment-order dated 11.12.2019 passed by learned DCIT/ACIT-2(1), Bhopal [“AO”] u/s 143(3) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2017-18, the assessee has filed this appeal on the grounds mentioned in Appeal Memo (Form No. 36).

On hearing learned Representatives of both sides, it emerges that the CIT(A) has decided first-appeal ex-parte qua assessee for the reason that the assessee did not make any submission before him despite opportunities given. It is further observed that the CIT(A) has simply confirmed the order passed by AO but the issue in present appeal relates to the allowability of deduction u/s 80-IA(4) which is substantial and requires an apt adjudication by CIT(A). Ld. AR for assessee submits that the assessee is a Govt. undertaking engaged in infrastructure development, strengthening and development of state highways of Madhya Pradesh. He further submits that the assessee is ready and willing to make representation before CIT(A) if an opportunity is given and hence prays that the present matter should be remanded to CIT(A) for an apt adjudication.

Ld. DR for revenue agrees with the prayer of Ld. AR but makes a request to direct the assessee to represent its case before CIT(A) and do not seek unnecessary adjournments.