INNOVATE DESIGNERS&BUILDERS PRIVATE LIMITED,TRIVANDRUM vs. ITO,WARD 1(1), TRIVANDRUM
In the result, the appeal filed by the assessee is partly allowed
ITA 940/COCH/2024[2022-23]Status: DisposedITAT Cochin27 Jun 2025AY 2022-23
Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2022-23 Innovate Designers & Builders Pvt. Ltd. .......... Appellant Tc 93/1944 Krishna Flat, Kra 11A Railway Station Road, Pallikuku, Pettah Thiruvananthapuram 695024 [Pan: Aaeci2784C] Vs. The Income Tax Officer, Ward - 1(1) .......... Respondent Thiruvananthapuram Appellant By: Shri Mathew Joseph, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 21.05.2025 Date Of Pronouncement: 27.06.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Exemptions), Kochi, Dated 25.09.2024 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956. It Is Engaged In The Business Of Undertaking Civil Contracts & 2 Innovate Designers & Builders Pvt. Ltd. Constructions. The Return Of Income For Ay 2022-23 Was Filed On 26.09.2022 Declaring Nil Income. Against The Said Return Of Income, The Assessment Was Completed By Ito, Ward-1(1), Thiruvananthapuram (Hereinafter Called "The Ao") Vide Order Dated 21.03.2024 Passed U/S. 143(3) R.W.S. 144B Of The Income Tax Act, 1961 (The Act) At A Total Income Of Rs. 6,12,03,924/- By Holding That The Appellant Could Not Furnish Evidence In Support Of The Expenditure Incurred On Commission, Etc. & Treated The Same As Unexplained Expenditure U/S. 69C Of The Act.
For Appellant: Shri Mathew Joseph, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 37Section 44ASection 69C
69C of the Act.
3. On appeal before the CIT(A), the CIT(A) confirmed the addition u/s. 37 of the Act.
4. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.
5. The learned counsel for the assessee submitted that even in exparte assessment high pitched assessment cannot be made by disallowance of expenditure