SPANCO LTD,MUMBAI vs. DCIT CC 8, MUMBAI

Briefly the facts are the assessee, a company, filed its return of income for the impugned assessment year on 21.09.2010 declaring total income of Rs.35,29,59,018. Subsequently, the assessee filed revised return of income on 27.08.2011 declaring total income of Rs.79,98,76,170. The assessment in case of the assessee was completed u/s 143(3) determining the total income at Rs.81,94,07,150. The enhancement in income determined by the Assessing Officer was M/s.Spanco Limited. due to disallowance of Rs.1,95,30,980 u/s 14A of the Income-tax Act, 1961.

Being aggrieved by the aforesaid order, the assessee preferred appeal before the learned first appellate authority. In the course of hearing of appeal, the learned CIT(A) noticed that the assessee has not paid self-assessment tax of Rs.18,28,18,253 even after completion of assessment and during the appellate proceedings. He, therefore, called upon the assessee to explain why the appeal should not be dismissed for non-payment of self-assessment tax. Since, the assessee failed to pay the admitted tax liability and offer any valid explanation for non- payment of tax even three years after the filing of return, the learned CIT(A) dismissed the appeal in limine u/s 249(4) of the Act.

Being aggrieved by the aforesaid order, the assessee is before us. When the appeal was called for hearing no-one was present on behalf of the assessee to represent the case. It is seen from record that on earlier occasions also the assessee never appeared to represent its case. Thus, it is evident that the assessee is very casual in its approach and not interested in pursuing the present appeal. Therefore, we proceed to dispose off the appeal ex parte qua the assessee and after hearing the learned Departmental Representative.

We have heard the learned Departmental Representative and perused the materials on record. As could be seen due to non-payment of self-assessment tax even after considerable lapse of time the first

M/s.Spanco Limited. appellate authority dismissed the assessee’s appeal u/s 249(4) of the Act. Nothing has been brought before us to demonstrate payment of unpaid self-assessment tax even as on date. Therefore, we do not find any infirmity in the order of the learned CIT(A) in dismissing the appeal u/s 249(4) of the Act. Ground raised is dismissed.

In the result, the assessee’s appeal is dismissed.