MARG PROPERTIES LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 4(1), CHENNAI

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ITA 2504/CHNY/2017Status: DisposedITAT Chennai19 September 2018AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal allowed the assessee's appeal for statistical purposes, remanding the matter back to the CIT(A) for de-novo consideration. The assessee was cautioned to cooperate promptly.

What were the facts?

The assessee, a real estate company, appealed against an addition of Rs. 1,47,84,000 for excess business expenditure. The CIT(A) dismissed the appeal due to the assessee's non-appearance.

What were the issues?

Whether the assessee should be granted another opportunity to be heard before the CIT(A) after failing to appear previously.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI A.MOHAN ALANKAMONY & SHRI DUVVURU RL REDDY

Pronounced: 19.09.2018

आदेश / O R D E R

Per A. Mohan Alankamony, AM:-

1.

This appeal by the assessee is directed against the order passed by the learned Commissioner of Income Tax(Appeals)-8, Chennai, dated 22.08.2017 in for the assessment year 2012- 13 passed U/s. 250(6) r.w.s. 143(3) of the Act.

2.

The assessee has raised six grounds in its appeal however the crux of the issue is that the Ld.CIT(A) has erred in confirming the Ld.AO amounting to Rs.1,47,84,000/- towards disallowance of excess expenditure.

3.

The brief facts of the case are that the assessee is a limited company engaged in the business of constructing and selling residential apartments, filed its return of income for the assessment year 2012-13 electronically on 30.09.2012. The case was selected for scrutiny and assessment order was passed U/s.143(3) of the Act on 31.03.2015 wherein the Ld.AO made addition of Rs.1,47,84,000/- towards disallowance of excess business expenditure. On appeal the Ld.CIT(A) dismissed the appeal of the assessee because none appeared before him at the time of hearing.

4.

At the outset, the Ld.AR submitted before us that the assessee was under great stress and therefore he was not able to pursue the appeal before the Ld.CIT(A). It was further pleaded that one more opportunity may be granted to the assessee of being heard. The Ld.DR on the other hand vehemently opposed to the submission of the Ld.AR and pleaded for confirming the orders of the Ld.Revenue Authorities.

5.

We have heard the rival submissions and carefully perused the materials on record. Though we do not appreciate the lethargic attitude

Ld.CIT(A) for de-nova consideration thereby granting one more opportunity to the assessee of being heard. We also hereby caution the assessee to promptly co-operate before the Ld.CIT(A) in order to expedite his order failing which the Ld.CIT(A) shall be at liberty to pass appropriate order in accordance with law and merit based on materials on record.

6.

In the result the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on the 19th September, 2018 at Chennai.

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