M/s. Best Foods Ltd., New Delhi V. Pr. CIT, Gurgaon

ITA 2792/DEL/2017

AI Insights

The case involves M/s Best Foods Ltd., which appealed against the order of the PCIT, Central, Gurgaon, dated 10.03.2017. The appeal was filed in June 2017, and during multiple hearings, no representative for the assessee appeared. The PCIT's order under section 263 highlighted deficiencies in the AO's examination of the assessee's compliance with maintaining separate books and the statutory report in Form 10CCB, as well as the verification of construction costs and the usage of a new warehouse. The Tribunal, after reviewing the materials on record and in the absence of any contrary evidence, decided not to interfere with the PCIT's order and dismissed the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131602 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 04-05-2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI Before Sh. Saktijit Dey, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 2792/Del/2017 : Asstt. Year : 2012-13 M/s Best Foods Ltd., C/o R. C. Rai & Associates, Adv., 203, Akash Deep Building, 26-A, Barakhamba Road, New Delhi-110001 Vs Pr. CIT, Central, Gurgaon (APPELLANT) (RESPONDENT) PAN No. AACCB2825P Assessee by : None Revenue by : Sh. P. Praveen Sidharth, CIT-DR Date of Hearing: 27.04.2023 Date of Pronouncement: 28.06.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order of ld. PCIT, Central, Gurgaon dated 10.03.2017. 2. The assessee filed appeal before the Tribunal in June 2017. During the hearings conducted none appeared on 03.08.2021, 07.10.2021, 13.12.2021, 14.02.2022, 21.04.2022, 28.07.2022, 02.08.2022, 16.11.2022, 16.02.2023 and 27.04.2023. 3. The ld. PCIT passed order u/s 263 of the Income Tax Act, 1961 on 10.03.2027 and held that the AO has not examined whether separate books have been maintained and compliance of statutory report in Form 10CCB has been duly made. The ld. PCIT has also held that the AO has not verified the cost of ITA No. 2792/Del/2017 Best Foods Ltd. 2 construction of setting up of specified business and no examination has been done with regard to usage of new warehouse. 4. We have gone through the material on record. In the absence of any material contra, we decline to interfere with the order of the ld. PCIT. 5. In the result, the appeal of the assessee is dismissed. Order Pronounced in the Open Court on 28/06/2023. Sd/- Sd/- (Saktijit Dey) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 28/06/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR