Gateway Internet Protocol Management Pvt. Ltd., Pune V. Principal Commissioner of Income-tax : 1,

ITA 1600/PUN/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2823 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-11-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 25-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K MODI
• Keywords: Condonation of delay
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E BEFORE SHRI R.S. SYAL, VP AND SHRI VIKAS AWASTHY, JM / ITA NO.1600/PUN/2016 / ASSESSMENT YEAR : 2011-12 M/S. GATEWAY INTERNET PROTOCOL MANAGEMENT PVT. LTD. 797/4, JANHAVI, BHANDARKAR INSTITUTE ROAD, ERANDWANE, PUNE-411 004 PAN : AABCG9575G .... / APPELLANT / V/S. THE PR. COMMISSIONER OF INCOME TAX-1, PUNE. / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI A.K. MODI, CIT / DATE OF HEARING : 06.11.2018 / DATE OF PRONOUNCEMENT : 06.11.2018 / ORDER PER VIKAS AWASTHY, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ASSAILING THE O RDER OF PR. COMMISSIONER OF INCOME TAX-1, PUNE DATED 29.03.2016 PASS ED U/S.263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2 ITA NO. 1600/PUN/2016 A.Y.2011-12 2. THE APPEAL IS TIME BARRED BY 50 DAYS. THE ASSESSEE HAS FILED APPLICATION SEEKING CONDONATION OF DELAY SUPPORTED BY AN A FFIDAVIT. WE HAVE PERUSED THE AFFIDAVIT AND HAVE EXAMINED THE REASON S CITED CAUSING DELAY IN FILING OF THE APPEAL. WE ARE SATISFIED THAT THE REASO N RESULTING IN DELAY IN FILING OF THE APPEAL IS SUFFICIENT CAUSE. THE DELAY IN FILIN G OF APPEAL APPEARS TO BE UNINTENTIONAL. THUS, THE DELAY IN FILING OF APPEAL IS CON DONED AND APPEAL IS ADMITTED TO BE HEARD ON MERIT. 3. NONE HAS APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE. THERE IS NO LETTER SEEKING ADJOURNMENT ON BEHALF O F THE ASSESSEE, EITHER. IT SEEMS THAT THE ASSESSEE IS NOT KEEN TO PURS UE ITS APPEAL. ACCORDINGLY, WE ARE TAKING UP THIS APPEAL FOR HEARING WITH THE ASSISTANCE OF LD. DR AND MATERIAL AVAILABLE ON RECORD. 4. SHRI A.K. MODI REPRESENTING THE DEPARTMENT VEHEMENTLY SUPPORTED THE ORDER OF PR. COMMISSIONER OF INCOME TAX AND PRAYED FOR DISMISSING THE APPEAL OF THE ASSESSEE. 5. WE HAVE HEARD THE SUBMISSIONS MADE BY LD. DR AND HAVE PERUSED THE MATERIAL AVAILABLE ON RECORD. THE PR. COMMISSIONER OF INC OME TAX INVOKED THE PROVISIONS OF SECTION 263 OF THE ACT AS THE A SSESSING OFFICER ALLOWED ASSESSEES ENTIRE CLAIM OF DEDUCTION U/S.10A OF THE ACT WITHOUT VERIFICATION RESULTING IN ALLOWING EXCESS DEDUCTION. NO MATERIAL IS AVAILABLE ON RECORD CONTROVERTING THE FINDINGS OF PR. COMMISSIONER OF INCOME TAX. THUS, WE DO NOT FIND ANY MERIT IN THE APPEAL OF THE ASSESS EE. ACCORDINGLY, THE IMPUGNED ORDER IS UPHELD AND APPEAL OF THE ASSESSEE IS DISMISSED. 3 ITA NO. 1600/PUN/2016 A.Y.2011-12 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 06 TH DAY OF NOVEMBER, 2018 SD/- SD/- R. S. SYAL VIKAS A WASTHY VICE-PRESIDENT JUDICIAL MEMBER / PUNE; / DATED : 06 TH NOVEMBER, 2018 SB !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE PR. CIT-1, PUNE. 4. !' ##$% , & $% , '() , / DR, ITAT, A BENCH, PUNE. 5. '*+ ,- / GUARD FILE. // TRUE COPY // &. / BY ORDER, #/ $) / PRIVATE SECRETARY & $% , / ITAT, PUNE.