SHREE NARAYAN BUILT UP INDIA PRIVATE LIMITED,JHANSI vs. INCOME TAX OFFICER 2(2) GWALIOR, GWALIOR

The appeal in AY 2010-11, arises out of the order of the Add/ JCIT(A), Mumbai [hereinafter referred to as ‘ld. JCIT(A)’, in short] dated against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 30.03.2013 by the Assessing Officer, DCIT, Circle-1, Gwalior (hereinafter referred to as ‘ld. AO’).

At the outset, there is a delay in filing of appeals by 11 days before this Tribunal. Considering the reason adduced in the condonation petition, I am inclined to condone the delay in filing of appeals before me and admit the appeals for adjudication.

The preliminary issue to be decided in this appeal is as to whether the Learned NFAC was justified in disposing of the appeal exparte in the facts and circumstances of the instant case.

I have heard the rival submissions and perused the materials available on record. The assessee company is engaged in the development of roads, tracks, including widening of the road. It filed its return of income claiming deduction under section 80IA(4) of the Act in respect of profits derived from the development and maintenance of infrastructure facility. The claim of the assessee company was denied on the ground that the assessee is not a developer but merely a work contractor. On perusal of the order of the ld NFAC, I find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, I deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. The assessee is given liberty to furnish additional evidences, if any, and also raise additional grounds, if any, in support of his contentions. With these observations, the grounds raised by the assessee are allowed for statistical purposes.

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