M/s. Parkwood Developers Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 329/DEL/2015

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1463 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 15-01-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Section: 143(3); 14A; 80IB; 13

Judgement Text

ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 1 OF 14 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 329/DEL/2015 ( ASSESSMENT YEAR: 2010-11) M/S PARKWOOD DEVELOPERS PRIVATE LIMITED, 1001, 10 TH FLOOR, HEMKUNT CHAMBERS, 89, NEHRU PLACE, NEW DELHI 110019. VS . INCOME TAX OFFICER, WARD 14(1), NEW DELHI. PAN NO: AACCP6232C APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SURENDER PAL, SR. DR ORDER PER ANADEE NATH MISSHRA, AM [A] THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED APPELLATE ORDER DATED 20.10.2014 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XVII, DELHI, [IN SHORT, LD.CIT(A)] PERTAINING TO ASSESS MENT YEAR 2010-11. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. THAT THE LEARNED CIT(A) HAS ERRED IN LAW AS WEL L AS ON FCS OF THE CASE TO UPHELD THE ADDITION OF RS. 2,59,368/- MADE BY THE A O U/S 14A OF THE INCOME TAX ACT, 1961. ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 2 OF 14 2. THAT THE LEARNED CIT(A) HAS ERRED IN ALW AS WELL AS ON FACTS OF THE CASE IN UPHOLDING THE DISALLOWANCE OF CLAIM U/S 80IB OF THE INCOME TAX ACT, 1961 OF RS. 61,44,345/-. 3. THE APPELLANT CRAVES LEAVE TO ADD TO, ALTER, VAR Y, MODIFY OR OTHERWISE AMEND THE GROUNDS OF APPEAL BEFORE THE APPEAL IS FI NALLY DISPOSED OF. [B] VIDE ASSESSMENT ORDER DATED 21.03.2013 PASSED UNDE R SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE I.T. ACT). THE RELEVANT PORTION OF THE ASSESSMENT ORDER DATED 21.03.2013 IS REPRODUCED AS UNDER:- ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 3 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 4 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 5 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 6 OF 14 [C] THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). V IDE IMPUGNED APPELLATE ORDER DATED 20.10.2014, THE LD. CIT(A) PARTLY ALLOWED THE ASSESSEES APPEAL. THE RELEVANT PORTION OF THE ORDER DATED 20.10.2014 OF THE LD. CI T(A) IS REPRODUCED AS UNDER: ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 7 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 8 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 9 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 10 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 11 OF 14 ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 12 OF 14 [D] THIS PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE AFORESAID IMPUGNED APPELLATE ORDER DATED 20.10.2014 OF THE LD . CIT(A). AT THE TIME OF HEARING, REVENUE WAS REPRESENTED BY SHRI SURENDER PAL, THE L EARNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT). HOWEVER, NONE WAS PRESENT FROM THE ASSESSEES SIDE. IN THE ABSENCE OF ANY REPRESENTA TION FROM ASSESSEES SIDE, AT THE TIME OF HEARING BEFORE US, WE HEARD THE LD. SR. DR; WHO RELIED UPON THE ORDER DATED 21.03.2013 OF THE ASSESSING OFFICER AND THE AFORESA ID IMPUGNED ORDER DATED 20.10.2014 OF THE LD. CIT(A). AFTER PERUSAL OF THE MATERIALS ON RECORD, INCLUDING THE ORDER OF THE AO AND THE AFORESAID IMPUGNED ORDER DA TED 20.10.2014 OF THE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS PASSED SPEAKING ORD ER ON MERITS. RELEVANT PORTION OF THE IMPUGNED ORDER OF THE LD. CIT(A) HAS ALREADY BE EN REPRODUCED IN FOREGOING PARAGRAPH [C] OF THIS ORDER. WE FIND THAT THE LD. CIT(A) HAS GIV EN DETAILED REASONS FOR HIS DECISION ON MERITS IN THE AFORESAID IMPUGNED AP PELLATE ORDER DATED 20.10.2014 OF LD. CIT(A). DURING APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) NO MATERIAL HAS BEEN BROUGHT FOR OUR CONSIDE RATION TO PERSUADE US TO TAKE A VIEW DIFFERENT FROM THE VIEW TAKEN BY THE LD. CIT(A) IN THE IMPUGNED ORDER ON MERIT. AFTER HEARING THE LD. SR. DR AND AFTER PERUSAL OF MATERIA LS ON RECORD, AND FURTHER, IN VIEW OF THE FOREGOING DISCUSSION, WE DECLINE TO INTERFERE W ITH THE AFORESAID IMPUGNED APPELLATE ORDER DATED 20.10.2014 OF LD. CIT(A), AND ACCORDING LY, THIS APPEAL IS DISMISSED. [E] BEFORE WE PART; WE EXPLICITLY CLARIFY THAT THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IN ACCO RDANCE WITH PROVISO TO ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 13 OF 14 RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL), RULES, 1963. IF THE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS I N ITAT, THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [F] IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 /12/2019 SD/- SD/- (AMIT SHUKLA) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 16/12/2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 329/DEL/2015. M/S PARKWOOD DEVELOPERS PVT. LTD. PAGE 14 OF 14