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2024 (4) TMI 599 - AT - Income TaxEx-parte order passed by CIT - Revision u/s 263 - no representation on behalf of the assessee in respect of the notice issued by him - DR placed on record the assessment order passed by the AO in pursuance to the direction of Ld.Pr.CIT - HELD THAT - DR for the Revenue and perused the material available on record and gone through the orders of the authorities below. It is brought to our notice that the assessment has already been passed by the Revenue in pursuance to the direction of Ld. Pr.CIT. From the assessment order, it is transpired that there was no compliance by the assessee. Further, it is noted that the original assessment order dated 21.10.2016 which has been revised, does not disclose any inquiry conducted by the AO except he accepted the documents filed by assessee. In the absence of any verification by the AO by making inquiry, we do not see any reason to interfere in the finding of Ld.Pr.CIT. Under these identical facts in the case of Rajmandir Estates (P.) Ltd. 2017 (1) TMI 774 - SC ORDER has approved the action of Ld.Pr.CIT. Therefore, respectfully following the same, the grounds raised by the assessee are dismissed.
Issues involved:
The appeal filed by the assessee against the order passed by Pr.CIT, Gurgaon for the assessment year 2014-15. Grounds of Appeal: 1. The order passed by the Principal Commissioner of Income Tax is challenged as being bad in law and facts. 2. Allegation of the order being against the principles of natural justice and passed without giving adequate opportunity to the assessee. 3. Claim that all required documents were submitted by the assessee, making the order of the Principal Commissioner bad on facts. 4. The right to add or modify the grounds of appeal is reserved by the assessee. Facts and Proceedings: The assessee declared a total loss in the return of income filed on 04.04.2015. The case was selected for scrutiny assessment through CASS, and the assessment was framed u/s 143(3) of the Income Tax Act, 1961. The Assessing Officer accepted the declared loss, but the assessment order was revised by the Ld. Pr.CIT u/s 263 of the Act. The assessee did not represent before the Ld. Pr.CIT. The appeal was filed by the assessee against the ex-parte order. Arguments and Decision: The Ld. CIT DR for the Revenue opposed the submissions of the assessee and supported the orders of the authorities below. The CIT DR relied on the judgment of the Hon'ble Supreme Court in a specific case. The Tribunal noted that there was no compliance by the assessee, and the original assessment order did not show any inquiry conducted by the AO. Without any verification or inquiry by the AO, the Tribunal did not find any reason to interfere with the decision of the Ld. Pr.CIT. Citing a similar case, the Tribunal dismissed the grounds raised by the assessee. Consequently, the appeal of the assessee was dismissed. Result: The appeal of the assessee was dismissed by the Tribunal. Order Date: The order was pronounced in the open Court on 12th April, 2024.
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