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

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ITA 6980/MUM/2012Status: DisposedITAT Mumbai06 June 2016AY 2003-042 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 upheld the order of the CIT(A) which followed the Supreme Court decision in Liberty India. The CIT(A) had decided against the assessee regarding the deduction claimed under section 80IB for miscellaneous charges.

What were the facts?

The assessee did not appear for the hearing despite receiving multiple notices. The appeal was filed against an order passed under section 143(3) read with section 263 of the Act. The assessee also failed to furnish the relevant assessment order.

What were the issues?

Whether the deduction under section 80IB for miscellaneous charges is allowable. Whether the appeal is maintainable due to defective filing.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 80IB

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “C” Bench, Mumbai

For Respondent: Shri M. Dayasagar
Hearing: 6.6.2016Pronounced: 6.6.2016

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

The appeal filed by the assessee is directed against the order dated 27.8.2012 passed by learned CIT(A)-20, Mumbai and it relates to A.Y. 2003- 04.

2.

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.

3.

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.

2 Prajapati Constructions Ltd.

4.

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).

5.

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

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