Law & Society

Dy. CIT vs Zorawar Vanaspati Ltd

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Assessee is a company who filed its return of income for A.Y. 1997-98 on 26.03.1998 declaring total income of Rs. NIL. The case was selected for scrutiny and accordingly notices u/s 143(2) and 142(1) were issued and served on assessee. Thereafter, AO vide order dated 24.03.2000 passed u/s 144 determined the total income at Rs.60,39,585/- by making addition of Rs.60,39,585/- u/s 68 of the Act. Aggrieved by the order of AO, assessee carried the matter before the CIT(A) wherein assessee apart from challenging the addition u/s 68 also challenged the levy of interest u/s 234A and 234B made by the AO on the assessed income.

The case record reveals that neither the assessee nor the counsel for assessee is appearing in the matter since 2013 which shows that assessee is not interested in prosecuting its appeal. Further, no infirmity is pointed in the order of CIT(A) on the addition made on merits. That the order passed by the AO was an ex parte order as none had appeared before the AO and therefore he had passed an order u/s 144. In the absence of any documents on record to point out any fallacy in the findings of the AO/ CIT(A), Delhi ITAT finds no reason to interfere in the order of CIT(A) and thus the appeal of assessee is dismissed.

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