M/s Balaji Heavy Lifters P. Ltd., GANDHIDHAM V. The Addl. Commr. of Income Tax, Gandhidham Range, GANDHIDHAM

ITA 76/RJT/2020

AI Insights

The case involves Balaji Heavy Lifters Pvt. Ltd., the appellant, contesting an order from the CIT(A), Rajkot-2, which sustained the disallowance of certain financial entries related to service tax interest and a late filing penalty for the Assessment Year 2015-16. The appellant argued that the CIT(A) erred in law and fact by not providing a speaking order, not rebutting case laws, and not considering submissions in total. However, the Tribunal noted the absence of the appellant's counsel at multiple hearings and decided the case based on the merits presented by the respondent, the Addl. CIT, Gandhidham Range, who supported the CIT(A)'s decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124067 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-07-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 22-03-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT] Before: Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Balaji Heavy Lifters Pvt. Ltd . Gandhidh am PAN: AACCB5738 R (Appellant) Vs Ad dl. CIT, Gandh idham Range, Gandhid ham (Resp ondent) Asses see by : None Revenue by : Shri V. J. Boricha, Ld. Sr. D. R. Date of hearing : 12-07 -2023 Date of pronouncement : 19-07 -2023 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This assessee’s appeal for A.Y. 2015-16, arises from order of the CIT(A), Rajkot-2, dated 23-01-2020, in proceedings under section 250 of the Income Tax Act, 1961; in short “the Act”. 2. The assessee has taken the following grounds of appeal:- ITA No. 76/Rjt/2020 Assessment Year 2015-16 I.T.A No. 76/Rjt/2020 A.Y. 2015-16 Page No M/s. Balaji Heavy Lifters Pvt. Ltd. vs. Addl. CIT 2 “1. The Learned CIT(A)-2, Rajkot has erred in law as well as on fact in sustaining the disallowing interest based on interest calculation on advances given by company amounting to Rs. 582399/- On following amongst other counts:- (a) By not passing speaking order (b) By not rebutting case laws relied upon including finding of the CIT(A]-2 in appellants own case. (c) By not considering the submission in total Therefore, the impugned disallowance is liable to be deleted. 2. The learned CIT(A)-2 , Rajkot The Assessing Officer has erred on facts and in law in confirming Disallowing Service Tax Interest and Late filing penalty of f Rs. 38711/- . Therefore the disallowance of Rs. 38711/- is liable to be deleted. 3. Appellant request to allow to add, alter, modify any grounds of appeal during the course of appellate proceedings.” 3. The assessee is in appeal before us against the order passed by Ld. CIT(Appeals) confirming the disallowance of service tax interest and late filing penalty of 38,711/-. Before us, none appeared on behalf of the counsel for the assessee, despite there being several opportunities of hearing, which have been granted to the assessee. Accordingly, despite several opportunities, it is apparent that the assessee is not interested in pursuing the present appeal. We observe that the above additions were sustained by Ld. CIT(Appeals) after analysing the facts of the case and holding that the aforesaid expenses were disallowed since the same are not in accordance with law and such payment being in the nature of penalty, are liable to be disallowed Accordingly, looking into the facts of the instant case, we find no infirmity in the order of Ld. CIT(Appeals) so as to call for any interference. I.T.A No. 76/Rjt/2020 A.Y. 2015-16 Page No M/s. Balaji Heavy Lifters Pvt. Ltd. vs. Addl. CIT 3 4. In the result, appeal of the assessee is dismissed. Order pronounced in the open court on 19-07-2023 Sd/- Sd/- (WASEEM AHMED) (SIDDHARTHA NAUTIYAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad : Dated 19/07/2023 आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order, Assistant Registrar, Income Tax Appellate Tribunal, Rajkot