ITA No.- 329/Del/2015.
M/s Parkwood Developers Pvt. Ltd.
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: `F': NEW DELHI)
BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
ITA No:- 329/Del/2015
(Assessment Year: 2010-11)
M/s Parkwood Developers Private Income Tax Officer,
Limited, Vs Ward 14(1),
th
1001, 10 Floor, Hemkunt . New Delhi.
Chambers,
89, Nehru Place, New Delhi 110019.
PAN No: AACCP6232C
APPELLANT RESPONDENT
Assessee by : None
Revenue by : Shri Surender Pal, Sr. DR
ORDER
PER ANADEE NATH MISSHRA, AM
[A] This appeal has been filed by the Assessee against the impugned appellate order
dated 20.10.2014 passed by Learned Commissioner of Income Tax (Appeals)-XVII,
Delhi, [in short, "Ld.CIT(A)"] pertaining to Assessment Year 2010-11. The Assessee has
raised following grounds of appeal:-
"1. That the learned CIT(A) has erred in law as well as on fcs of the case to
upheld the addition of Rs. 2,59,368/- made by the AO u/s 14A of the
Income Tax Act, 1961.
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2. That the learned CIT(A) has erred in alw as well as on facts of the case in
upholding the disallowance of claim u/s 80IB of the Income Tax Act, 1961
of Rs. 61,44,345/-.
3. The appellant craves leave to add to, alter, vary, modify or otherwise
amend the grounds of appeal before the appeal is finally disposed of."
[B] Vide Assessment Order dated 21.03.2013 passed under Section 143(3) of the
Income Tax Act, 1961 (in short "the I.T. Act"). The relevant portion of the Assessment
Order dated 21.03.2013 is reproduced as under:-
"
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"
[C] The Assessee filed appeal before the Ld. CIT(A). Vide impugned appellate order
dated 20.10.2014, the Ld. CIT(A) partly allowed the assessee's appeal. The relevant
portion of the order dated 20.10.2014 of the Ld. CIT(A) is reproduced as under:
"
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"
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[D] This present appeal has been filed by the assessee against the aforesaid
impugned appellate order dated 20.10.2014 of the Ld. CIT(A). At the time of hearing,
Revenue was represented by Shri Surender Pal, the learned Senior Departmental
Representative ("Ld. Sr. DR", for short). However, none was present from the
assessee's side. In the absence of any representation from assessee's side, at the time
of hearing before us, we heard the Ld. Sr. DR; who relied upon the order dated
21.03.2013 of the Assessing Officer and the aforesaid impugned order dated
20.10.2014 of the Ld. CIT(A). After perusal of the materials on record, including the
order of the AO and the aforesaid impugned order dated 20.10.2014 of the Ld. CIT(A),
we find that the Ld. CIT(A) has passed speaking order on merits. Relevant portion of
the impugned order of the Ld. CIT(A) has already been reproduced in foregoing
paragraph [C] of this order. We find that the Ld. CIT(A) has given detailed reasons for
his decision on merits in the aforesaid impugned appellate order dated 20.10.2014 of
Ld. CIT(A). During appellate proceedings in Income Tax Appellate Tribunal ("ITAT", for
short) no material has been brought for our consideration to persuade us to take a view
different from the view taken by the Ld. CIT(A) in the impugned order on merit. After
hearing the Ld. Sr. DR and after perusal of materials on record, and further, in view of
the foregoing discussion, we decline to interfere with the aforesaid impugned appellate
order dated 20.10.2014 of Ld. CIT(A), and accordingly, this appeal is dismissed.
[E] Before we part; we explicitly clarify that the assessee will be at liberty to
approach ITAT for restoration of the appeal in accordance with Proviso to
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Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963. If the assessee
does approach ITAT for restoration of the appeals in ITAT, the matter will be
considered in accordance with law having regard to the facts and
circumstances.
[F] In the result, appeal filed by Assessee is dismissed.
Order pronounced in the open court on 16/12/2019
Sd/- Sd/-
(AMIT SHUKLA) (ANADEE NATH MISSHRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 16/12/2019
Pooja/-
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
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