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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI SUNIL KUMAR YADAV & SHRI A.K. GARODIA
Per Sunil Kumar Yadav, Judicial Member
These appeals were listed for hearing on 05.12.2016, but none appeared on behalf of the assessee.
On careful perusal of the record, we find that notice of hearing was served upon the assessee through Registered AD and AD card is placed on record. Since despite service of various notices of hearing, none appeared on behalf of the assessee, we have no option but to hear the appeal ex parte, qua the assessee. Accordingly revenue was heard.
In these appeals, the assessee has assailed the order of CIT(Appeals) on common grounds and for the sake of reference, we extract the grounds raised in as follows:-
“1. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in not appreciating the contents of the company that invoking provisions of section 148 of the Act was not warranted. Consequently the assessment was bad in law.
2. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in confirming the action of the Assessing Officer in re-computing the disallowance under section 14A of the Income Tax Act while computing the total Income.
3. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in not appreciating the fact that some of the expenses considered for calculating further disallowances under section 14A were already considered by the assessee.
4. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in not appreciating the fact that the expenses considered by the assessing officer does not directly relate to earning any exempt income. Your appellant seeks leave to add to, to amend any of the foregoing grounds as and when considered necessary/at the time of hearing.”
We have carefully examined the order of CIT(Appeals) in the light of revenue's contentions and we find that the CIT(Appeals) has properly adjudicated the issues in the light of relevant provisions of law and since we do not find any infirmity therein, we confirm his order.
In the result, the appeals of the assessee are dismissed Pronounced in the open court on this 06th day of January, 2017.