CHOICE ESTATES AND CONSTRUCTIONS P. LTD,COCHIN vs. DCIT, KOCHI

The present appeal of the assessee is arising from the order of the National Faceless Appeal Centre / learned Commissioner of Income-tax (Appeals) [“CIT(A)” for short] dated 27.12.2022, having DIN & Order No.ITBA/NFAC/S/250/2022- 23/1048253558(1) and relates to the assessment year 2017- 2018.

There is a delay of 134 days in the present appeal, for which the assessee has filed an application for condonation of delay. The learned DR opposed the application filed by the assessee for condonation of delay. We have seen the application for the condonation of delay duly supported by a . Choice Estates and Construction Pvt.Ltd. sworn affidavit of the Director of the assessee-company. For the reasons mentioned in the condonation application, we hereby condone the delay of 134 days and proceed to decide the appeal on the merits.

Today, when the matter was called up for hearing, none appeared on behalf of the assessee despite proper service of notice. However, this being an old appeal, we dispose of this appeal on merits.

The learned DR relied upon the orders of the authorities below.

At the outset, we observe that the ld.CIT (A) has not at all adjudicated the disallowance u/s.43B amounting to Rs.68,72,247 in a judicious manner. Therefore, we restore this matter to the file of the jurisdictional Assessing Officer to decide the matter in accordance with law. Needless to say, the AO shall afford meaningful opportunity of being heard to the assessee before passing any order.

In the result, the appeal filed by the assessee is allowed for statistical purposes.