M/S. GANPATIE TRADERS PVT. LTD.,NEW DELHI vs. PR. CIT, NEW DELHI

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ITA 2001/DEL/2016Status: DisposedITAT Delhi26 June 2018AY 2010-114 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeals as the assessee remained unrepresented for multiple hearings. The Tribunal concluded that the assessee was not interested in pursuing the appeals.

What were the facts?

The assessee filed appeals against the orders passed by the Principal Commissioner of Income Tax under Section 263, which held the assessment orders to be erroneous and prejudicial to the revenue. The issue pertained to disallowance under Section 14A read with Rule 8D for assessment years 2010-11 and 2011-12.

What were the issues?

Whether the assessment orders were erroneous and prejudicial to the interest of the revenue concerning disallowance under Section 14A. Whether the assessee's appeals should be dismissed due to non-prosecution.

Which sections of the Income-tax Act were involved?

Section 263,Section 14A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCH ‘A’ NEW DELHI

Before: SHRI SUDHANSHU SRIVASTAVA & SHRI PRASHANT MAHARISHI

For Respondent: Smt. Aparna Karan, CIT DR
Hearing: 26.06.2018Pronounced: 26.06.2018

preferred against the order dated 15.3.2016 passed by the ld. Pr. Commissioner of Income Tax(A), Central-I, New Delhi for assessment year 2010-11 wherein vide order passed u/s 263 of the Income Tax Act, 1961, the ld. Pr.

Commissioner of Income Tax has held the assessment order passed by the Assessing Officer to be erroneous and prejudicial to the interest of the revenue & 2002/D/2016 Assessment year: 2010-11 & 2011-12 on the issue of incorrect disallowance computed u/s 14A r/w Rule 8D. ITA No. 2002/Del/2016 is also the assessee’s appeal against the order passed u/s 263 by the ld. Pr. Commissioner of Income Tax, Central-1, New Delhi wherein vide order dated 15.3.2016 for assessment year 2011-12, the ld. Pr. CIT has held the assessment order passed by the Assessing Officer as erroneous and prejudicial to the interest of the revenue with respect to disallowance u/s 14A r/w Rule 8D of the Act.

2.

None was present on behalf of the assessee when the appeal was called out for hearing nor any application for adjournment was received in both these appeals. A perusal of the order sheet entries shows that these appeals were fixed for hearing on 8.2.2018 also but none was present on behalf of the assessee. It is also seen that both these appeals were filed in the year 2016 and from the conduct of the assessee, it is apparent that it is not interested in pursuing these appeals. We, therefore, have no option but to dismiss the appeals preferred by the assessee, placing reliance on the ratio of decisions in the following cases:-

1.

CIT Vs Multiplan (India) Pvt. Ltd. 38 ITD 320 (Del); and 2. Late Tukoji Rao Holkar vs CWT (1996) 223 ITR 480 (MP)

3.

In the result, the assessee’s appeals stands dismissed. & 2002/D/2016 Assessment year: 2010-11 & 2011-12

Order pronounced in the Open Court on 26th June, 2018.

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