Sri. B.V. Sampath, Bangalore V. DCIT, Bangalore

ITA 1265/BANG/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8551 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-02-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 07-10-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA.1265/BANG/2015 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'B', BENGALURU BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. S. JAYARAMAN, ACCOUNTANT MEMBER I.T.A NO.1265/BANG/2014 (ASSESSMENT YEAR : 2009-10) SHRI. B.V. SAMPATH, NO.16, 28 TH CROSS, GEETHA COLONY, JAYANAGAR, 4 TH BLOCK, BENGALURU .. APPELLANT PAN : ASZPS5492G V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), BENGALURU .. RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. NEERA MALHOTRA, CIT-DR HEARD ON : 02.02.2017 PRONOUNCED ON : 22.02.2017 O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER : THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST T HE ORDER OF THE CIT (A) INTER ALIA ON THE FOLLOWING GROUNDS : 1. THE ORDERS OF AUTHORITIES BELOW IN SO FAR AS THEY A RE AGAINST THE APPELLANT, ARE OPPOSED TO LAW, EQUITY, WEIGHT OF EV IDENCE, PROBABILITIES, FACTS AND CIRCUMSTANCES OF THE CASE. 2. THE LEARNED CIT[A] IS NOT JUSTIFIED IN DISMISSING T HE APPEAL IN-LIMINE HOLDING THAT THE APPEAL IS NOT MAINTAINAB LE ON ACCOUNT OF NON-PAYMENT OF THE TAX ON THE RETURNED INCOME UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE APPELLANT'S CASE. 3. THE LEARNED CIT[A] IS NOT JUSTIFIED IN NOT DISPOSIN G OFF THE GROUNDS RAISED BY THE APPELLANT WITH REGARD TO THE ADDITION OF ITA.1265/BANG/2015 PAGE - 2 RS.1,00,00,000/- MADE BY THE LEARNED DOT BY OVERLOO KING THE FACT THAT THE PROJECT HAD GONE INTO DISPUTES AND HY POTHETICALLY TREATING THE AMOUNT OF ADVANCE RECEIVED BY THE APPE LLANT AS NO LONGER PAYABLE/REFUNDABLE/NON-REFUNDABLE, WHICH DOE S NOT CONSTITUTE INCOME OF THE APPELLANT UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE APPELLANT'S CASE. 4. WITHOUT PREJUDICE TO THE RIGHT TO SEEK WAIVER WITH THE HONBLE CCIT/DG, THE APPELLANT DENIES HIMSELF LIABLE TO BE CHARGED TO INTEREST U/S 234-A, 234-B AND 234-C OF THE ACT, WHI CH UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE APPELLANT'S C ASE AND THE LEVY DESERVES TO BE CANCELLED. 5. FOR THE ABOVE AND OTHER GROUNDS THAT MAY BE URGED A T THE TIME OF HEARING OF THE APPEAL, YOUR APPELLANT HUMBLY PRA YS THAT THE APPEAL MAY BE ALLOWED AND JUSTICE RENDERED AND THE APPELLANT MAY BE AWARDED COSTS IN PROSECUTING THE APPEAL AND ALSO ORDER FOR THE REFUND OF THE INSTITUTION FEES AS PART OF T HE COSTS. 02. THIS APPEAL WAS LISTED FOR HEARING ON 02.02.201 7, BUT NONE APPEARED ON BEHALF OF THE ASSESSEE, DESPITE SERVICE OF THE NOTI CE OF HEARING. SINCE THE ASSESSEE DID NOT APPEAR, WE HAVE NO OPTION, BUT TO HEAR THE APPEAL EX PARTE, QUA THE ASSESSEE. ACCORDINGLY, THE REVENUE WAS HEA RD. 03. WE HAVE CAREFULLY EXAMINED THE ORDER OF THE CIT (APPEALS) ON THE IMPUGNED GROUNDS AND WE FIND THAT HE HAS RIGHTLY AD JUDICATED THE ISSUES IN DETAIL AND WE FIND NO INFIRMITY THEREIN. ACCORDING LY, WE CONFIRM THE ORDER OF CIT (APPEALS). 04. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND DAY OF FEBRUARY, 2017. SD/- SD/- (SUNIL KUMAR YADAV) (S. JAYARAMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MCN* ITA.1265/BANG/2015 PAGE - 3 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME TAX 4. THE COMMISSIONER OF INCOME TAX (A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR