Ittina Infra Tech Ltd., Bangalore V. ACIT, Bangalore

ITA 1464/BANG/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0642 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 12-04-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 16-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Condonation of delay; Revised return
• Section: 153A; 115JB; 80IB; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER ITA NOS.1463 & 1464/BANG/2010 ASSESSMENT YEARS : 2006-07 & 2007-08 M/S. ITTINA INFRATECH LTD., NO.380, OPP. TO CPWD QUARTERS, 3 RD BLOCK, KORAMANGALA, BANGALORE 560 034. PAN : AABCI 1362H VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI FARAHAT HUSSAIN QURESHI, CIT-II(DR) DATE OF HEARING : 13.02.2013 DATE OF PRONOUNCEMENT : 22.02.2013 O R D E R PER BENCH THESE ARE APPEALS BY THE ASSESSEE AGAINST THE COMM ON ORDER DATED 16.08.2010 OF THE CIT(APPEALS)-VI, BANGALORE RELATING TO ASSESSMENT YEARS 2006-07 & 2007-08. ITA NOS. 1463 & 1464/BANG/2010 PAGE 2 OF 4 2. THE ASSESSEE IS A COMPANY. IT IS ENGAGED IN THE BUSINESS OF PROPERTY DEVELOPMENT. THERE WAS A SEARCH AND SEIZU RE OPERATION U/S. 132 OF THE ACT IN THE CASE OF THE ASSESSEE AND GROUP CO MPANIES. CONSEQUENT TO THE SEARCH, NOTICE U/S. 153A WAS ISSUED FOR ASSE SSMENT YEARS 2006-07 & 2007-08. 3. THE ASSESSEE FILED RETURN OF INCOME ON 03.09.200 9 FOR THE A.Y. 2006-07 DECLARING NIL INCOME AFTER CLAIMING DEDUCTI ON U/S. 80IB OF THE ACT OF RS.15,89,37,067 AND BOOK PROFIT AT RS.11,41,34,7 59. DEDUCTION U/S. 80IB WAS NOT ALLOWED AND THE TOTAL INCOME OF THE AS SESSEE WAS DETERMINED AT RS.11,44,56,582. FOR THE A.Y. 2007-08, RETURN OF INCOME WAS FILED ON 29.06.09 DECLARING NIL INCOME AFTER CLAIMING DEDUCT ION U/S. 80IB OF RS.21,34,72,506. THE ASSESSEE FILED REVISED E-RETU RN OF INCOME ON 15.11.2007 DECLARING INCOME OF RS.17,84,31,262 AND ALSO FILED A PHYSICAL RETURN OF INCOME FOR THE SAID SUM ON 02.03.2008 AND AFTER CLAIMING THE AFORESAID SUM AS DEDUCTION U/S 80IB OF THE ACT, THE INCOME DECLARED IN THE REVISED RETURN WAS NIL. THE BOOK PROFIT U/S. 115JB OF THE ACT WAS SHOWN AT RS.17,82,56,861. THE AO REJECTED THE CLAIM FOR DED UCTION U/S. 80IB AND DETERMINED THE TOTAL INCOME OF THE ASSESSEE AT RS.1 7,84,31,260. 4. AGAINST THE AFORESAID ORDERS OF ASSESSMENT, THE ASSESSEE FILED APPEALS BEFORE THE CIT(A). THE CIT(A) FOUND THAT H E ASSESSEE DID NOT PAY TAXES ON THE INCOME RETURNED FOR THE AFORESAID ASSE SSMENT YEARS. IN VIEW OF THE PROVISIONS OF SECTION 249(4)(A) OF THE ACT, THE CIT(A) WAS OF THE VIEW THAT THE APPEAL WAS NOT ADMISSIBLE UNLESS TAXES DUE ON THE RETURNED INCOME ARE PAID AT THE TIME OF FILING OF THE APPEAL . THE ASSESSEE, WHEN THE ITA NOS. 1463 & 1464/BANG/2010 PAGE 3 OF 4 SHOW CAUSE NOTICE WAS ISSUED IN THIS REGARD, DID NO T FILE ANY REPLY. IN VIEW OF THE ABOVE, THE CIT(A) DISMISSED THE APPEALS FILE D BY THE ASSESSEE AS UNADMITTED. AGAINST THE COMMON ORDER SO PASSED BY THE CIT(A), THE ASSESSEE HAS PREFERRED THE PRESENT APPEALS BEFORE T HE TRIBUNAL. 5. THERE IS A DELAY OF 61 DAYS IN FILING THE APPEAL S BY THE ASSESSEE, BUT NO APPLICATION FOR CONDONATION OF DELAY HAS BEEN FI LED. THIS APPEAL WAS EARLIER DISMISSED FOR NON-PROSECUTION BY ORDER DATE D 12.04.2012 AND THE APPEALS WERE RECALLED FOR AFFORDING OPPORTUNITY OF BEING HEARD TO THE ASSESSEE, PURSUANT TO THE ORDER PASSED IN M.P. NOS. 35 & 36/BANG/2012 DATED 30.11.2012. THESE APPEALS WERE LISTED FOR H EARING ON 12.02.2013. NONE APPEARED FOR THE ASSESSEE ON THE SAID DATE, DE SPITE SERVICE OF NOTICE OF HEARING. THE HEARING WAS ACCORDINGLY ADJOURNED TO 13.02.2013, EVEN ON THIS DAY NONE APPEARED FOR THE ASSESSEE. 6. WE HAVE PERUSED THE GROUNDS OF APPEAL FILED BY T HE ASSESSEE, ESPECIALLY ON THE QUESTION OF MAINTAINABILITY OF TH E APPEALS BY THE ASSESSEE BEFORE THE CIT(APPEALS) IN VIEW OF NON-PAYMENT OF T AXES DUE ON INCOME RETURNED, WHICH IS IN VIOLATION OF THE PROVISIONS O F SECTION 249(4)(A) OF THE ACT. WE ARE OF THE VIEW THAT THE ORDER OF THE CIT( A) AND THE REASONS GIVEN BY THE CIT(A) FOR DISMISSING THE APPEALS AS UN-ADMI TTED IS JUST AND APPROPRIATE AND CALLS FOR NO INTERFERENCE. CONSEQU ENTLY THESE APPEALS OF THE ASSESSEE ARE DISMISSED. ITA NOS. 1463 & 1464/BANG/2010 PAGE 4 OF 4 PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF FEBRUARY, 2013. SD/- SD/- ( JASON P. BOAZ ) ( N.V. VASUDEVAN ) ACCOUNTANT MEMBER JUDICIAL MEMBE R BANGALORE, DATED, THE 22 ND FEBRUARY, 2013. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.