RAJ DEVELOPERS, MUMBAI V. ITO 30(3)(1), MUMBAI

ITA 2515/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3708 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 07-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA
• Section: 144

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE HONBLE SHRI R. C. SHARMA , AM & SHRI HONBLE SANDEEP GOSAIN, JM ./ I.T.A. NO . 2515 / MUM/ 201 7 ( / ASSESSMENT YEAR: 2012 - 13 ) RAJ DEVELOPERS 1304 MAHARAJA TOWER KANYA PADA GOKULDHAM FILM CITY RD. GOREGAON(EAST) MUMBAI - 400063 / VS. ITO 30(3)(1) ROOM NO. 104, 1 ST FLOOR, C - 13, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA(EAST) MUMBAI - 400 061 ./ ./ PAN/GIR NO. A AKFR 3925 M ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENTBY : SHRI CHAITANYA ANJARIA , DR / DATE OF HEARING : 07 /0 8 /201 8 / DATE OF PRONOUNCEMENT : 0 8/08/2018 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THE P RESENT APPE AL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 41 , MUMBAI, DATED 20.01.17 FOR AY 2012 - 13 . 2 I.T.A. NO. 2515 /MUM/201 7 RAJ DEVELOPER . 2 . AT THE VERY OUTSET, OUR ATTENTION WAS DRAWN TO THE ORDERS PASSED BY RESPECTIVE REVENUE AUTHORITIES I.E. AO AS WELL AS LD. CIT(A). FROM THE PERUSAL OF THE ORDERS, WE NOTICED THAT ASSESSEE WAS EX - PAR TE BEFORE THE AO AND THEREFORE A SSESSMENT ORDER U/S 144 OF THE I.T. ACT WAS PAS SED. SUBSEQUENTLY, ASSESSEE FILED APPEAL BEFORE LD. CIT(A) AFTER A DELAY OF 230 DAYS AND LD. CIT(A) AFTER CONDONING THE DELAY HAD DISMISSED THE APPEAL ON MERITS BY DEALING WITH THE GROUNDS RAISED BY THE ASSESSEE. THE OPERATIVE PORTION OF THE ORDER PASSED BY LD. CIT(A) IS CONTAINED IN PARA N. 7, WHICH IS REPRODUCED BELOW: - 7. I HAVE GONE THROUGH STATEMENT OF FACTS, GROUNDS OF APPEAL AND ASSESSMENT ORDER. FIRST OF ALL, IT IS FOUND THAT THE AO WAS JUSTIFIED IN PASSING THE ASSESSMENT ORDER U/S 144. HE ISSUE D 10 NOTICES OF HEARING. THE ASSESSEE NEITHER FLIED ANY ADJOURNMENT PETITION NOR ATTENDED THE HEARING IN RESPONSE TO ANY OF THE NOTICES. FURTHER, THE ADDITIONS MADE ARE ALSO FOUND TO BE RATIONAL AND JUSTIFIED. FOR EXAMPLE, IN RESPECT OF UNSECURED LOANS OF RS. 4,16,45,645/ - , THE AO HAS 3 I.T.A. NO. 2515 /MUM/201 7 RAJ DEVELOPER . DISALLOWED ONLY 10% OF THESE LOANS. IN CASE OF VARIOUS EXPENSES CLAIMED, THE AO HAS DISALLOWED ONLY 10% OF SUCH EXPENSES. IN CASE OF INVESTMENT IN IMMOVABLE PROPERTY AS PER AIR INFORMATION, THE ENTIRE ADDITION WAS MADE FOR THE REASON THAT THE SOURCE WAS NOT SUBSTANTIATED BY FILING DETAILS AND EVIDENCES. IN VIEW OF ABOVE, THE ORDER U/S 144 AS WELL AS QUANTUM OF ADDITIONS ARE FOUND TO BE JUSTIFIED. IN VIEW OF ABOVE, ALL THE GROUNDS OF APPEAL ARE REJECTED. AFTER HAVING GOING TH ROUGH THE RECORDS, WE FIND THAT T HE AO WAS JUSTIFIED IN PASSING A SSESSMENT ORDER U/S 144 OF THE I.T. ACT AS EVEN IN SPITE OF 10 NOTICES, THE ASSESSEE HAD NEITHER APPEARED BEFORE THE AO NOR SUBMITTED ANY DOCUMENTARY EVIDENCE. BEFORE LD. CIT(A) AGAIN , NOBO DY APPEARED AND THE CONDUCT OF THE ASSESSEE WITH REGARD TO CONTINUOUS ABSENCE DEMONSTRATES THAT ASSESSEE WAS NOT INTERESTED IN PURSUING THE APPEAL. EVEN BEFORE US, NEITHER THE ASSESSEE NOR HIS REPRESENTATIVE HAS APPEARED. APART FROM THAT NO PAPER BOOK HA S BEEN FILED AND 4 I.T.A. NO. 2515 /MUM/201 7 RAJ DEVELOPER . THE FINDINGS OF THE REVENUE AUTHORITIES HAVE ALSO NOT BEEN CONTROVERTED OR REBUTTED. THEREFORE IN THESE CIRCUMSTANCES, WE HAVE NO OTHER OPTION EXCEPT TO DISMISS THE APPEAL OF THE ASSESSEE. WE SEE NO REASON S FOR US TO INTERFERE INTO OR DEVIATE FROM THE FINDINGS SO RECORDED BY THE LD. CIT (A). HENCE , WE ARE OF THE CONSIDERED VIEW THAT THE FINDINGS SO RECORDED BY THE LD. CIT (A) ARE JUDICIOUS AND ARE WE LL REASONED AND CONSEQUENTLY, THE GROUNDS RAISED BY THE ASSESSEE ARE DISMISSED. 3 . IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH AUGUST , 2018. SD/ - SD/ - (R.C. SHARMA ) ( SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 08 . 08 .201 8 SR.PS . DHANANJAY 5 I.T.A. NO. 2515 /MUM/201 7 RAJ DEVELOPER . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI