Sirpur Paper Mills Ltd, Hyderabad, Hyderabad V. DCIT, Circle-2(3), Hyderabad, Hyderabad

ITA 588/Hyd/2016

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0588 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2008-2009
• Appeal Filed On: 24-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Depreciation
• Section: 147; 148; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER I.T.A. No. 588/HYD/2016 Assessment Year: 2008-09 M/s. Sirpur Paper Mills Ltd., HYDERABAD [PAN: AAACT7970R] Vs The Dy. Commissioner of Income Tax, Circle-2(3), HYDERABAD (Appellant) (Respondent) For Assessee : NONE For Revenue : Smt. S. Narasamma, CIT-DR Date of Hearing : 22-08-2017 Date of Pronouncement : 22-08-2017 O R D E R PER D. MANMOHAN, Vice-President: This appeal by the assessee-company is directed against the order passed by the Commissioner of Income Tax (Appeals)-9, Hyderabad and it pertains to AY. 2008-09. The following grounds were urged before us: “On the facts and in the circumstances of the case and in law the Ld.CIT(A) erred in confirming the following actions of the Assessing Officer: 1. In invoking the provisions of Section 147 of the Income-tax Act, 1961 and issuing notice u/s. 148 of the Act on erroneous and invalid reasons of belief, leading to escapement of income; I.T.A. No. 588/Hyd/2016 :- 2 -: 2. In limiting the rate of depreciation on Solid Waste Control Equipment to 80% as against 100% entitlement as per the rules; 3. In enhancing profits u/s. 115JB of the Act on account of provisions for income-tax and deferred tax ignoring the certificate issued by the auditor. All the above actions being arbitrary, misconceived, erroneous and untenable must be quashed with direction for appropriate relief”. 2. Though this appeal was posted from time to time, none appeared on behalf of the assessee. We have therefore no other alternative except to dispose of the appeal ex-parte, qua the assessee. 3. It deserves to be noticed that the CIT(A), while disposing of the grounds concerning the validity of the reopening of assessment, observed that there were sufficient/valid reasons for reopening of assessment and even on merits concerning the adjustment of tax u/s. 115JB of the Income Tax Act [Act], the matter was discussed elaborately. Since none appeared for the assessee to point out any material to contradict the findings of the CIT(A), we have no other alternative except to dismiss the appeal on the ground that the assessee could not support its contentions by placing any material papers. It may be noticed that as per Rule 18(6) of the ITAT Rules, only those material papers which are referred to before us should be taken as forming part of our record. 4. Admittedly, no material was referred to before us and thus, we have to hold that the order passed by the CIT(A) is prima-facie I.T.A. No. 588/Hyd/2016 :- 3 -: correct in the absence of contradicting the findings of the Ld.CIT(A). However, the assessee is at liberty to move an appropriate application for recalling of the order, if so warranted. With these observations, the appeal of assessee is dismissed. Order pronounced in the open court on 22 nd August, 2017 upon conclusion of hearing Sd/- Sd/- (S. RIFAUR RAHMAN) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT Hyderabad, Dated 22 nd August, 2017 TNMM Copy to : 1. M/s. The Sirpur Paper Mills Ltd., 5-9-22/1/1, 1 st Floor, Adarsh Nagar, Opp: New MLA Quarters Gate, Hyderabad. 2. The Dy. Commissioner of Income Tax, Circle-2(3), Hyderabad. 3. CIT (Appeals)-9, Hyderabad. 4. Pr.CIT-2, Hyderabad. 5. D.R. ITAT, Hyderabad. 6. Guard File.