NORRIS MEDICINES LTD,MUMBAI vs. ITO WD 9(2)(3), MUMBAI

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ITA 3030/MUM/2012Status: DisposedITAT Mumbai08 June 2016AY 2007-082 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 held that the assessee had not raised any ground before the CIT(A) concerning the addition made under Section 115JB. Therefore, the CIT(A) had no occasion to pass an order on that issue, and the assessee's ground of appeal was without merit.

What were the facts?

The assessee's appeal before the ITAT was dismissed ex-parte as no one appeared on their behalf. The assessee's sole contention was that the CIT(A) failed to adjudicate an issue related to an addition made to book profit under Section 115JB.

What were the issues?

Whether the CIT(A) failed to adjudicate a ground relating to an addition made to book profit under Section 115JB, and if so, whether the assessee had actually raised such a ground before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” Bench, Mumbai

For Respondent: Shri Sanjeev Jain
Hearing: 7.6.2016Pronounced: 7.6.2016

O R D E R Per B.R. Baskaran, AM :-

The appeal filed by the assessee is directed against the order dated 27.8.2010 passed by learned CIT(A)-20, Mumbai and it relates to A.Y. 2007- 08.

2.

None appeared on behalf of the assessee, even though the notice of hearing was sent by registered post on earlier occasion. Hence, we proceed to dispose of the appeal ex-parte, without presence of the assessee.

3.

Only issue urged by the assessee is that learned CIT(A) has failed to adjudicate the ground relating to addition made to the book profit u/s. 115JB of the Act.

4.

We have heard the learned Departmental Representative and perused the record. A perusal of the grounds of appeal filed by the assessee before learned CIT(A) would show that the assessee has not raised any ground relating to addition made u/s. 115JB of the Act and hence there was no 2 M/s. Norris Medicines Ltd.

occasion for learned CIT(A) to pass order on the said issue. Accordingly, we are of the view that there is no merit in the ground urged by the assessee and accordingly dismiss the same.

5.

In the result, appeal filed by the assessee is dismissed.

Order has been pronounced in the Open Court on 7.6.2016.

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