MICRO PLANTAE LTD, MUMBAI V. ASST CIT CEN CIR 13, MUMBAI

ITA 6432/MUM/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9884 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-07-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 20-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N P SINGH
• Keywords: Depreciation; Search and seizure
• Section: 143(3); 133A; 132

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE D.T. GARASIA, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NOS.6432, 6433, 6434, 6435, 6436, 6437 & 6438/M /2014 ASSESSMENT YEARS: 2004-05, 2005-06, 2006-07, 2007-0 8, 2008-09, 2009-10 & 2010-11 M/S. MICRO PLANTAE LTD., 4, UNITY HOUSE, 2 ND FLOOR, 8 MAMA PARMANAND MARG, OPERA HOUSE, MUMBAI 400 004 PAN: AAEFH5314E VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 13, 11 TH FLOOR, ROOM NO.1103, OLD CGO BLDG., M. K. ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : NONE REVENUE BY : SHRI N.P. SINGH, D.R. DATE OF HEARING : 13.07.2017 DATE OF PRONOUNCEMENT : 14.07.2017 O R D E R PER BENCH: THE ABOVE TITLED APPEALS HAVE BEEN PREFERRED BY TH E SAME ASSESSEE AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TA X (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] DATED 31.08.2012 RELEVAN T TO ASSESSMENT YEARS 2004-05 & 2005-06 AND DATED 10.09.2013 RELEVANT TO ASSESSMENT YEARS 2006- 07, 2007-08, 2008-09, 2009-10 & 2010-11. 2. THE COMMON GROUND IN ALL THESE APPEALS IS AGAINS T DISALLOWANCE OF VARIOUS EXPENSES BY THE LD. CIT(A). 3. THE BRIEF FACTS OF THE CASE ARE AS UNDER: A SEARCH AND SEIZURE ACTION UNDER SECTION 132 AND S URVEY ACTION UNDER SECTION 133A OF THE INCOME TAX ACT, 1961 WERE CARRI ED OUT IN THE CASE OF THE ITA NO.6432/M/2014 & ORS. M/S. MICRO PLANTAE LTD. 2 ASSESSEE. THE ASSESSEE FILED ITS ORIGINAL RETURN OF INCOME ON 01.11.04 DECLARING TOTAL INCOME AT RS.32,50,978/-. THE ASSESSMENT UNDE R SECTION. 143(3) OF THE I.T. ACT DETERMINING INCOME AT RS.26,92,470/- WAS C OMPLETED ON 20.12.06. IN RESPONSE TO NOTICE UNDER SECTION 153C ISSUED ON 23. 03.10 THE ASSESSEE FILED A COPY OF RETURN ON 16.04.11 DECLARING TOTAL INCOME R S.32,50,978/-. THE ASSESSEE DERIVES INCOME FROM BUSINESS. THE ASSESSIN G OFFICER (HEREINAFTER REFERRED TO AS THE AO) AFTER GOING THROUGH THE DETA ILS FILED, ASSESSED INCOME AT RS.19,43,210/- VIDE ORDER DATED 21.12.11, AFTER MAK ING FOLLOWING DISALLOWANCES: A) CUSTOM DUTY, LEGAL & PROFESSIONAL FEES AND MISC. EXPENSES RS.12,53,544/- B) DEPRECIATION RS.39,40,644/- 4. THE MATTER CARRIED TO THE LD. CIT(A) AND BEFORE THE LD. CIT(A) THE ASSESSEE DID NOT REMAIN PRESENT. THEREFORE, ALL AP PEALS RELEVANT TO VARIOUS ASSESSMENT YEARS WERE DISMISSED BY THE LD. CIT(A). 5. THE ASSESSEE DID NOT REMAIN PRESENT BEFORE US. THEREFORE, AFTER HEARING THE LD. D.R. WE ARE DECIDING ALL THESE APPEALS TOGE THER. WE FIND THAT THE ASSESSEE DELAYED THE FOLLOWING APPEALS IN FILLING T HE SAME BEFORE US: SR. NO. ITA NO. ASSESSMENT YEAR DELAYED BY DAYS 1. 6432/M/2014 2004-05 698 2. 6433/M/2014 2005-06 698 3. 6434/M/2014 2006-07 317 4. 6435/M/2014 2007-08 317 5. 6436/M/2014 2008-09 317 6. 6437/M/2014 2009-10 317 7. 6438/M/2014 2010-11 317 DURING THE COURSE OF HEARING, ASSESSEE DID NOT R EMAIN PRESENT BEFORE US AND DID NOT FILE ANY DOCUMENTARY EVIDENCE SHOWING A S TO WHY THE DELAY OCCURRED IN FILING THE APPEALS BEFORE THE TRIBUNAL. THEREFORE, WE ARE OF THE ITA NO.6432/M/2014 & ORS. M/S. MICRO PLANTAE LTD. 3 VIEW THAT IN ABSENCE OF ANY CLARIFICATION FROM THE ASSESSEE FOR CONDONATION OF DELAY, WE HAVE NO ALTERNATIVE EXCEPT TO DISMISS ALL THE APPEALS OF THE ASSESSEE. 6. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.07.2017. SD/- SD/- (RAJESH KUMAR) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 14.07.2017. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.