HARMOHAN SATPAL CHOPRA,MUMBAI vs. ACIT 22(1), MUMBAI

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ITA 1069/MUM/2014Status: DisposedITAT Mumbai22 December 2015AY 2008-093 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 disallowance made under Section 14A, finding that the assessee failed to rebut the findings of the lower authorities. Consequently, the appeal was dismissed.

What were the facts?

The assessee, engaged in manufacturing and selling tractor parts, declared an income of Rs. 50,88,350 for AY 2008-09. The Assessing Officer determined the income at Rs. 55,32,230, including a disallowance of Rs. 1,67,489 under Section 14A.

What were the issues?

The primary issue was the validity of the disallowance of expenses under Section 14A of the Income Tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “H” BENCH, MUMBAI

Before: SHRI JASON P. BOAZ, AM & SHRI AMIT SHUKLA, JM

For Appellant: Shri C.N. Angolkar
Hearing: 17.12.2015Pronounced: 22.12.2015

आदेश / O R D E R

PER JASON P. BOAZ , A.M. This appeal by the assessee is directed against the order of CIT(A)-33, Mumbai dated 02.12.2013 for A.Y. 2008-09. 2. The facts of the case, briefly, are as under: - 2.1 The assessee, engaged in the business of manufacture and sale of tractor parts, filed his return of income for the assessment year on 27.09.2008 declaring income of `50,88,350/-. The case was taken up for scrutiny and the assessment was completed under section 143(3)

1.

Shri Harmohan Satpal Chopra of the Income Tax Act, 1961 (in short ‘the Act’) vide order dated 30.11.2010 wherein the assessee’s income was determined at `55,32,230/- in view of, inter alia, disallowance of `1,67,489/- under section 14A of the Act.

2.2 Aggrieved by the order of assessment for A.Y. 2008-09 dated 30.11.2010, the assessee preferred an appeal before the CIT(A)-33, Mumbai challenging the disallowance of `1,67,489/- under section 14A of the Act made by the Assessing Officer (‘AO’) in the order of assessment. The learned CIT(A) dismissed the assessee’s appeal vide order dated 02.12.2013. Hence the present appeal.

3.

In this appeal directed against the order of the CIT(A)-33, Mumbai dated 02.12.2013, the assessee has raised the following grounds: -

1) Learned CIT(A) erred in upholding the disallowance u/s. 14A r.w.r. 8D made by the assessing officer. 2) Your Assessee craves for leave to add, alter, or to amend any of the grounds of the appeal at the time of hearing.

4.

After various opportunities were afforded to the assessee, none appeared on his behalf nor was any adjournment application filed. Even attempts to serve the notice through Department at the last known address failed. Even today when the case was called for hearing none appeared on behalf of the assessee. In these circumstances, the case was heard with the help of the learned D.R. and the material on record.

5.

The only issue raised in this appeal by the assessee is with respect to the disallowance of `1,67,489/- under section 14A of the Act made and confirmed by the authorities below. After considering the submissions put forth by the learned D.R. , the details on record

Shri Harmohan Satpal Chopra and the findings of the learned CIT(A) in the impugned order, we find that the assessee has been unable to rebut the findings of the AO and learned CIT(A) in respectively making and confirming the disallowance of `1,67,489/- under section 14A of the Act. In these circumstances, we do not find any reason to deviate from or interfere with the findings as recorded by the learned CIT(A) and accordingly confirm the same.

6.

In the result, assessee’s appeal for A.Y. 2008-09 is dismissed. प�रणामतः िनधा�रती क� अपील खा�रज क� जाती है । Order pronounced in the open court on 22nd December, 2015. आदेश क� घोषणा खुले �यायालय म� �दनांकः 22.12.2015 को क� गई । Sd/- Sd/- (AMIT SHUKLA) (JASON P. BOAZ) लेखा सद�य/JUDICIAL MEMBER �याियक सद�य/ACCOUNTANT MEMBER मुंबई Mumbai, �दनांक Dated 22nd December, 2015

आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to :

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