M/S OBEROI IBC INDIA PRIVATE LIMITED,MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

ITA 986/MUM/2025

AI Insights

The case involves M/s. Oberoi IBC India Private Limited appealing against the order passed by the National Faceless Appeal Centre/Commissioner of Income Tax (Appeals) under section 250 of the Income Tax Act, 1961 for the assessment year 2015-16. The appeal was decided ex-parte as the assessee failed to appear or respond adequately to multiple notices. The Commissioner had sustained additions made by the Assessing Officer regarding disallowances under section 14A(ia) and interest expenses on delayed payment under section 37(1) of the Act. The tribunal, considering the totality of circumstances and the conduct of the assessee, decided to remand the case for a fresh decision to ensure proper adjudication.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 396930 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YOGESH KUMAR; LD.
• Section: 37(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “C”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI RENU JAUHRI, ACCOUNTANT MEMBER ITA No.986/M/2025 Assessment Year: 2015-16 M/s. Oberoi IBC India Private Limited 30E, Laxmi Vijay Bldg., Laxmi Industrial Estate, New Link Road, Andheri West, Mumbai-400053. PAN: AABCO8973E Vs. Assistant Commissioner of Income Tax Circle 10(3)(1), Mumbai-400020. (Appellant) (Respondent) Present for: Assessee by : None Revenue by : Shri Yogesh Kumar, Ld. D.R. Date of Hearing : 07.05.2025 Date of Pronouncement : 30.05.2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member: This appeal has been preferred by the Assessee against the order dated 16.12.2024, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2015-16. ITA No986/MUM/2025 M/s. Oberoi IBC India Pvt. Limited 2 2. In this case, the notices sent to the assessee for the dates of hearing on 24.03.2025 as well as on 07.05.2025 though RPAD, appears to be delivered as per acknowledgement available on record, however, still the Assessee neither appeared nor filed any adjournment and therefore, in the constrained circumstances, we are inclined to decide this appeal as ex-parte. 3. From para no. 6 of the impugned order, it appears that eight notices in total, were sent to the Assessee, however, still the Assessee except partially making submission in response to notice dated 25.01.2025, eventually made no response/compliance and therefore the ld. Commissioner vide impugned order affirmed the additions Rs. 1,24,49,802/- and Rs. 1,30,587/- respectively made by AO, on account of disallowance u/s. 14A(ia) of the Act and interest expenses on delayed payment u/s. 37(1) of the Act. 4. Admittedly, in the absence of relevant reply and documents, the ld. Commissioner sustained the additions on the basis of determination made by the Assessing officer only. If we consider the conduct of the Assessee, then the Assessee do not deserve any leniency. However, considering the facts in totality, as the issues remained to be adjudicated in its right perspective and proper manner, hence, for just and proper decision of the case and to afford a last and final opportunity to the Assessee, we are inclined to remand the instant case to the file of the ld. Commissioner for decision afresh, but subject to deposit of Rs. 11,000/- in the revenue department under ‘other heads’ within 15 days from the receipt of this order. We clarify that in case of subsequent default, the Assessee shall not be entitled for any leniency. Thus, the case is remanded to the file of the ld. Commissioner accordingly. ITA No986/MUM/2025 M/s. Oberoi IBC India Pvt. Limited 3 5. In the result, appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open court on 30.05.2025. Sd/- Sd/- (RENU JAUHRI) (NARENDER KUMAR CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai. "