Palesa Constructions Private Limited , Vijayawada V. Dy. Commissioner of Income Tax , Central Circle-2(4), Hyderabad

ITA 1659/Hyd/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4523 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-A
• Next Hearing Date: 01-02-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 08-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M PADMA
• Keywords: Search and seizure
• Section: 132; 144; 142(1)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO. 1659/HYD/2018 ASSESSMENT YEAR: 2012-13 M/S PALESA CONSTRUCTIONS PVT LTD., VIJAYAWADA. PAN AAECP7792F VS. THE DY. CIT CENTRAL CIRCLE 2(4), HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : S MT. M. PADMA DATE OF HEARING : 01 - 0 2 - 201 9 DATE OF PRONOUNCEMENT : 08 - 0 2 - 201 9 O R D E R PER S. RIFAUR RAHMAN, A.M.: THIS APPEAL FILED BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) 12, HYDERABAD, DATED 16/02/2018 FOR AY 2012-13. 2. WHEN THIS APPEAL WAS POSTED FOR HEARING ON 01/02/2019, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR THE DEFECTS RAISED BY THE REGISTRY WERE RECTIFIED THOUGH THE NOTICE HAS BEEN SERVED. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. IT HAS BEEN HELD BY THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHTTACHARGEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY FILING OF MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, COURT/TRIBUNAL HAVE INHERENT POWER TO DISMISS THE APPEAL FOR NON-PROSECUTION AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND 2 ITA NO. 1659 /HYD/2018 M/S PALESA CONSTRUCTIONS PVT LTD., VIJAYAWADA. MADHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THESE APPEALS OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. EVEN ON MERITS, THE ASSESSEE COMPANY FILED ITS RETURN OF INCOME FOR THE AY 2012-13 ON 25/12/2012 DECLARING TOTAL INCOME AT RS. NIL. IN THE CASE OF M/S AGRI GOLD FARM ESTATES INDIA PRIVATE LIMITED AND GROUP OF CASES, SEARCH AND SEIZURE OPERATION U/S. 132 OF THE IT ACT, 1961 WERE CONDUCTED ON 23.01.2015, IN THE COURSE OF SEARCH INCRIMINATING MATERIAL PERTAINING TO THE ASSESSEE COMPANY WERE FOUND AND SEIZED. THE A.O ISSUED NOTICE U/S 153C OF THE ACT ON 09.11.2015 CALLING FOR RETURN OF INCOME. IN RESPONSE TO THE SAID NOTICE THE ASSESSEE NEITHER FILED THE RETURN OF INCOME NOR APPEARED BEFORE THE A.O. FURTHER, THE CASE HAVING BEEN SELECTED FOR SCRUTINY, NOTICE U/S 142(1) OF THE IT ACT WAS ISSUED TO THE ASSESSEE ON 18.01.2016, BUT, THERE WAS NO RESPONSE FROM THE ASSESSEE. IN THE LIGHT OF THE ABOVE FACTS AND CIRCUMSTANCES THE A.O COMPLETED THE ASSESSMENT U/S 144 R.W.S 153C OF THE ACT AND THE ASSESSED INCOME WAS DETERMINED AT RS. 5,60,97,812/- AND BROUGHT IT TO TAX. 3.1 ON APPEAL, THE CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE BY OBSERVING THAT THERE WAS NO COMPLIANCE BY THE ASSESSEE AND ALSO IN VIEW OF THE FACT THAT THE GROUNDS OF APPEAL WERE NOT SUBSTANTIATED BY ANY PROPER STATEMENT OR EVIDENCE. 4. SINCE, THERE IS NO REPRESENTATION FROM THE ASSESSEE AND THE FINDINGS OF THE CIT(A) ARE UNCONTROVERTED, WE UPHOLD THE ORDER OF CIT(A) AND DISMISS THE APPEAL OF THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 08 TH FEBRUARY, 2019. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED: 08 TH FEBRUARY, 2019. 3 ITA NO. 1659 /HYD/2018 M/S PALESA CONSTRUCTIONS PVT LTD., VIJAYAWADA. KRK/PS COPY TO:- 1) M/S PALESA CONSTRUCTIONS PVT LTD., D.NO. 40-6-4, GROUND FLOOR, NSS RAO STREET, OLD REVENUE COLONY, LABBIPET, VIJAYAWADA - 10 2) THE DY. CIT, CENTRAL CIRCLE 2(4), HYD. 3) CIT(A) 12, HYDERABAD. 4) PR. CIT (CENTRAL), HYD. 5) THE DEPARTMENTAL REPRESENTATIVE, I.T.A.T., HYDERABAD. 6) GUARD FILE