2019 (2) TMI 1412 - AT - Income Tax

Assessee's Appeal Dismissed for Delay & Disallowance under Section 14A

M/s Jaiwanti Mercantile Pvt. Ltd. Versus DCIT-5 (2) (1), Aayakar Bhavan, M.K. Road, Mumbai

M/s Jaiwanti Mercantile Pvt. Ltd. Versus DCIT-5 (2) (1), Aayakar Bhavan, M.K. Road, Mumbai - TMI Issues:- Delay in filing the appeal- Ex-parte hearing due to non-appearance of the assessee- Disallowance under section 14A r.w.r. 8D of the ActDelay in Filing the Appeal:The appeal filed by the assessee was delayed by 3 days. The Tribunal, considering the smallness of the delay, condoned it based on principles laid down by the Hon’ble Supreme Court. The appeal was admitted for deciding on merits.Ex-Parte Hearing Due to Non-Appearance of the Assessee:Despite multiple calls and notices, nobody appeared on behalf of the assessee during the proceedings. The Postal Authority reported that the assessee had refused to accept the notice. The Tribunal proceeded with an ex-parte hearing with the assistance of the Departmental Representative (DR) as the assessee did not attend.Disallowance under Section 14A r.w.r. 8D of the Act:The primary ground raised by the assessee challenged the order of the Commissioner of Income Tax (Appeals) in confirming the disallowance under section 14A read with rule 8D of the Act. The Tribunal examined the facts, balance sheet details, and the orders of the revenue authorities. The Commissioner had correctly appreciated that the assessee had made investments in exempt income avenues using borrowed funds. The Tribunal found no new evidence to rebut the Commissioner's findings. Consequently, the Tribunal upheld the order, dismissing the appeal.In conclusion, the Tribunal dismissed the appeal filed by the assessee based on the issues of delay in filing, ex-parte hearing due to non-appearance, and the disallowance under section 14A r.w.r. 8D of the Act. The Tribunal upheld the Commissioner's order, finding no infirmity in the decision.