Skyline Construction & Housing Pvt. Ltd., Bangalore V. DCIT, Bangalore

ITA 432/BANG/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9282 (ITAT-BANGALORE)
• Duration Of Justice: 5 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-11-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 18-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G R REDDY CITIDR
• Assessee Lawyers: K R PRADEEP
• Keywords: Principle of natural justice
• Section: 234B; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ITA NO.432 TO 434/BANG/2011 ASSESSMENT YEARS : 2004-05 TO 2006-07 M/S. SKYLINE CONSTRUCTION & HOUSING PVT. LTD., NO.11, HAYES ROAD, BANGALORE 560 025. PAN: AAHCS 0232N VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(1), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI K.R. PRADEEP, CA RESPONDENT BY : SHRI G.R. REDDY, CIT-I(DR) DATE OF HEARING : 01.11.2016 DATE OF PRONOUNCEMENT : 04.11.2016 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THESE APPEALS ARE PREFERRED BY THE ASSESSEE AGAIN ST THE ORDER OF CIT(APPEALS) INTER ALIA ON THE COMMON GROUNDS. THE GROUNDS OF APPEAL IN ITA NO.433/BANG/2011 IS EXTRACTED HEREUNDER FOR THE SAKE OF REFERENCE:- 1. THAT THE ORDERS OF THE AUTHORITIES BELOW IN S O FAR AS IT IS AGAINST THE ASSESSEE IS AGAINST THE LAW, FACTS, CIR CUMSTANCES, ITA NOS.432 TO 434/BANG/2011 PAGE 2 OF 3 NATURAL JUSTICE, EQUITY, WITHOUT JURISDICTION, BAD IN LAW AND ALL OTHER KNOWN PRINCIPLES OF LAW. 2. THAT THE TOTAL INCOME COMPUTED AND THE TOTAL T AX COMPUTED IS HEREBY DISPUTED. 3. THE SEARCH PURPORTEDLY U/S 132 AND ALL PROCEEDI NGS CONNECTED THEREWITH AND SUBSEQUENT TO, IS AGAINST T HE LAW AND REQUIRES TO BE VACATED AS SUCH. 4. THE ADDITIONS MADE IN THE ASSESSMENT CANNOT BE TERMED AS UNDISCLOSED INCOME AND HENCE REQUIRES TO BE VACATED AS SUCH. 5. THE NOTICE AND ORDER OF ASSESSMENT IS BAD IN LA W AND IS ALSO BARRED BY LIMITATION. 6. THE LEARNED AUTHORITIES BELOW ERRED IN NOT CONS IDERING THE CLAIM FOR DEDUCTION U/S 80IB(10) FOR CITY TOWER BLOCK AMOUNTING TO RS. 87,86,466/-. 7. THE LEARNED AUTHORITIES BELOW ERRED IN NOT ALLO WING THE ENTIRE DEDUCTION AS CLAIMED U/S 80IB(10) OF THE ACT . 8. THE APPELLANT DENIES THE LIABILITIES FOR INTER EST U/S 234A, 234B AND 234C. NO OPPORTUNITY HAS BEEN GIVEN BEFORE LEVY OF INTEREST. FURTHER PRAYS THAT THE INTEREST SHOULD BE LEVIED ONLY ON RETURNED INCOME. 9. WITHOUT PREJUDICE TO THE APPELLANT'S RIGHT OF S EEKING WAIVER BEFORE APPROPRIATE AUTHORITY THE APPELLANT B EGS FOR CONSEQUENTIAL RELIEF IN THE LEVY OF INTEREST V/S 23 4A, 234B AND 234C. 10. FOR THE ABOVE AND OTHER GROUNDS AND REASONS WH ICH MAY BE SUBMITTED DURING THE COURSE OF HEARING OF THIS A PPEAL, THE ASSESSEE REQUESTS THAT THE APPEAL BE ALLOWED AS PRA YED AND JUSTICE BE RENDERED. 2. DURING THE COURSE OF HEARING OF APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS MOVED AN APPLICATION FOR WITHDRAWAL OF THE APPEALS, TO WHICH ITA NOS.432 TO 434/BANG/2011 PAGE 3 OF 3 THE REVENUE HAS NO OBJECTION. ACCORDINGLY, THE APP EALS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THIS 4 TH DAY OF NOVEMBER, 2016. SD/- SD/- ( S. JAYARAMAN ) (SUNIL KUMAR YA DAV ) ACCOUNTANT MEMBER JUDIC IAL MEMBER BANGALORE, DATED, THE 4 TH NOVEMBER, 2016. /D S/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.