PRAJAPAI CONSTRUCTION LTD,NAVI MUMBAI vs. ACIT 7(1), MUMBAI

None appeared on behalf of the assessee even though the notice of hearing was sent to the assessee on more than one occasion. Hence, we proceed to dispose of the appeal ex parte, without presence of the assessee.

We heard learned Departmental Representative and perused the record. We noticed that learned CIT(A) has passed the order against the assessment order passed u/s. 143(3) read with section 263 of the Act. We further notice that the assessee has filed assessment order dated 28.11.2005, which was passed u/s. 143(3) of the Act, meaning thereby, he has failed to furnish relevant assessment order passed u/s. 143(3) of the Act. Hence the appeal filed by the assessee is defective and the same has not been rectified so far.

We further notice that the grounds urged in the appeal relates to deduction claimed u/s. 80IB of the Act in respect of miscellaneous charges collected by it. We notice that learned CIT(A) has followed the decision rendered by Hon'ble Supreme Court in the case of Liberty India (317 ITR 218) to decide the issue against the assessee. Since learned CIT(A) has followed the decision rendered by Hon'ble Supreme Court, we do not find any reason to interfere with his order. Accordingly we confirm the order passed by learned CIT(A).

In the result, appeal filed by the assessee is dismissed. Order has been pronounced in the Open Court on 6.6.2016.