Axis Cades Aerospace Infrastructure Private Limited , Bangalore V. Principal Commissioner of Income Tax Bangalore-1, Bangalore

ITA 777/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7406 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 04-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M K BIJU JT BENGALURU
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO. 777/BANG/2017 ASSESSMENT YEAR : 2012 - 13 AXIS CADES AEROSPACE INFRASTRUCTURE PVT. LTD., [FORMERLY JUPITER AVIATION SERVICES P. LTD.], C/O. T. VELUPILLAI & CO., CHARTERED ACCOUNTANTS, 3155/A, 3 RD FLOOR, 11 TH MAIN, 2 ND STAGE, INDIRANAGAR, BANGALORE 560 038. PAN: AABCR 9718G VS. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU 1, BENGALURU. APP ELLANT RESPONDENT APP ELLANT BY : NONE RESPONDENT BY : SHRI M.K. BIJU, JT. CIT(DR)(ITAT), BENGALURU. DATE OF HEARING : 30 .10.2017 DATE OF PRONOUNCEMENT : 31 .10.2017 O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER PASSED U/S 263 OF THE INCOME-TAX ACT, 1961 [THE ACT] DATED 2 1.02.2017 OF THE PRINCIPAL COMMISSIONER OF INCOME-TAX, BENGALURU-1, BENGALURU [THE PR.CIT] FOR THE ASSESSMENT YEAR 2012-13. ITA NO.777/BANG/2017 PAGE 2 OF 3 2. DURING THE COURSE OF HEARING OF THE APPEAL, NON E APPEARED ON BEHALF OF THE ASSESSEE, DESPITE SERVICE OF NOTICE T HROUGH RPAD WHICH WAS RECEIVED BY THE ASSESSEE ON 22.09.2017 (ACKNOWLEDGE MENT CARD PLACED ON RECORD). IT APPEARS THAT ASSESSEE IS NOT INTERE STED IN PROSECUTING THE APPEAL. WE, THEREFORE, FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., 38 ITD 320 (DEL) DISMISS THE APPEAL IN LIMINE FOR NON-PROSECUTION OF THE APPEAL. EVEN ON MERIT S, WE FIND THAT THE ISSUES WHICH ARE SUBJECT MATTER OF REVISIO N PROCEEDINGS WERE NOT EXAMINED BY THE AO DURING THE COURSE OF ASSESSMENT PROCEEDINGS. THEREFORE THE PR. CIT WAS JUSTIFIED IN INVOKING THE JURISDICTION U/S. 263 OF THE ACT. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF OCTOBER, 2017. SD/- SD/- ( LALIET KUMAR ) ( INTURI RAMA RAO ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 31 ST OCTOBER, 2017. / D ESAI S MURTHY / ITA NO.777/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY ITAT, BANGALORE.