SPANCO LTD, MUMBAI V. DCIT CC 8, MUMBAI

ITA 6024/MUM/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 0792 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 31-08-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 26-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN
• Keywords: Revised return
• Section: 143(3); 14A

Judgement Text

, E , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANJUNATHA G, AM ITA NO.6024/MUM/2014 : ASST.YEAR 2010-2011 M/S.SPANCO LIMITED 8 TH FLOOR, GODREJ COLISEUM OFF EASTERN EXPRESS HIGHWAY SION, MUMBAI 400 022. PAN : AAACK9555D. VS. THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE - 8 MUMBAI. ( / APPELLANT) ( / RESPONDENT) /APPELLANT BY : --- NONE --- /RESPONDENT BY : SHRI V.JUSTIN, DR / DATE OF HEARING : 23.01.2018 / DATE OF PRONOUNCEMENT : 24.01.2018. / O R D E R PER SAKTIJIT DEY (JM) : THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 21.07.2014 OF LEARNED COMMISSIONER OF INCOME-TAX (A PPEALS) -37, MUMBAI, FOR THE ASSESSMENT YEAR 2010-2011. 2. BRIEFLY THE FACTS ARE THE ASSESSEE, A COMPANY, F ILED ITS RETURN OF INCOME FOR THE IMPUGNED ASSESSMENT YEAR ON 21.09.20 10 DECLARING TOTAL INCOME OF RS.35,29,59,018. SUBSEQUENTLY, THE ASSESS EE FILED REVISED RETURN OF INCOME ON 27.08.2011 DECLARING TOTAL INCO ME OF RS.79,98,76,170. THE ASSESSMENT IN CASE OF THE ASSE SSEE WAS COMPLETED U/S 143(3) DETERMINING THE TOTAL INCOME A T RS.81,94,07,150. THE ENHANCEMENT IN INCOME DETERMINED BY THE ASSESSI NG OFFICER WAS ITA NO.6024/MUM/2014 M/S.SPANCO LIMITED. 2 DUE TO DISALLOWANCE OF RS.1,95,30,980 U/S 14A OF TH E INCOME-TAX ACT, 1961. 3. BEING AGGRIEVED BY THE AFORESAID ORDER, THE ASSE SSEE PREFERRED APPEAL BEFORE THE LEARNED FIRST APPELLATE AUTHORITY . IN THE COURSE OF HEARING OF APPEAL, THE LEARNED CIT(A) NOTICED THAT THE ASSESSEE HAS NOT PAID SELF-ASSESSMENT TAX OF RS.18,28,18,253 EVEN AF TER COMPLETION OF ASSESSMENT AND DURING THE APPELLATE PROCEEDINGS. HE , THEREFORE, CALLED UPON THE ASSESSEE TO EXPLAIN WHY THE APPEAL SHOULD NOT BE DISMISSED FOR NON-PAYMENT OF SELF-ASSESSMENT TAX. SINCE, THE ASSESSEE FAILED TO PAY THE ADMITTED TAX LIABILITY AND OFFER ANY VALID EXPLANATION FOR NON- PAYMENT OF TAX EVEN THREE YEARS AFTER THE FILING OF RETURN, THE LEARNED CIT(A) DISMISSED THE APPEAL IN LIMINE U/S 249(4) OF THE ACT. 4. BEING AGGRIEVED BY THE AFORESAID ORDER, THE ASSE SSEE IS BEFORE US. WHEN THE APPEAL WAS CALLED FOR HEARING NO-ONE W AS PRESENT ON BEHALF OF THE ASSESSEE TO REPRESENT THE CASE. IT IS SEEN FROM RECORD THAT ON EARLIER OCCASIONS ALSO THE ASSESSEE NEVER APPEAR ED TO REPRESENT ITS CASE. THUS, IT IS EVIDENT THAT THE ASSESSEE IS VERY CASUAL IN ITS APPROACH AND NOT INTERESTED IN PURSUING THE PRESENT APPEAL. THEREFORE, WE PROCEED TO DISPOSE OFF THE APPEAL EX PARTE QUA THE ASSESSEE AND AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE. 5. WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENT ATIVE AND PERUSED THE MATERIALS ON RECORD. AS COULD BE SEEN D UE TO NON-PAYMENT OF SELF-ASSESSMENT TAX EVEN AFTER CONSIDERABLE LAPS E OF TIME THE FIRST ITA NO.6024/MUM/2014 M/S.SPANCO LIMITED. 3 APPELLATE AUTHORITY DISMISSED THE ASSESSEES APPEAL U/S 249(4) OF THE ACT. NOTHING HAS BEEN BROUGHT BEFORE US TO DEMONSTR ATE PAYMENT OF UNPAID SELF-ASSESSMENT TAX EVEN AS ON DATE. THEREFO RE, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LEARNED CIT(A) IN DISMISSING THE APPEAL U/S 249(4) OF THE ACT. GROUND RAISED IS DISMISSED. 6. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D. ORDER PRONOUNCED ON THIS 24 TH DAY OF JANUARY, 2018. !'#$ SD/- SD/- (MANJUNATHA G) (SAKTIJIT DEY) / ACCOUNTANT MEMBER ! / JUDICIAL MEMBER ! MUMBAI; ! DATED : 24 TH JANUARY, 2018. DEVDAS* '!#$%&%'# / COPY OF THE ORDER FORWARDED TO : / BY ORDER, '( //TRUE COPY// / (DY./ASSTT. REGISTRAR) , ! / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( ) / THE CIT, MUMBAI. 4. ) / CIT(A)-37 , MUMBAI 5. ',#((-. , -. , ! / DR, ITAT, MUMBAI 6. #012 / GUARD FILE.