TaxTMI 
TaxTMI 
2025 (9) TMI 442
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....d u/s. 143(3) of the Act. 2. When the case was called for, none appeared on behalf of the assessee. We notice that when the case was fixed for hearing on 26.03.2025 no one appeared on behalf of the assessee. Thereafter on 15.04.2025, at the request of ld. AR case adjourned to 24.06.2025. On 24.06.2025 Ms. Ritika Agarwal appeared through virtual mode and sought adjournment and the case adjourned to 26.06.2025. Today also none appeared on behalf of the assessee. Conduct of the assessee clearly shows that assessee is not interested to pursue the appeal. We therefore proceed to adjudicate the appeal with the assistance of ld. DR. 3. Assessee has raised following grounds of appeal : "1. BECAUSE, the entire assessment proceedings a....
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....own address. Thereafter, Mr. Sunil Tiwari, CA attended and submitted the letter of authority and also filed submissions on 25.03.2013 and 28.03.2013 in compliance to the notices to the questionnaire issued with notice u/s. 142(1) of the Act. Ld. AO observed that the assessee has claimed deduction u/s. 80IB(10) of the Act at Rs. 6,65,13,648/-. Ld. AO after examining the details filed by the assessee came to conclusion that the assessee has not fulfilled the conditions for being eligible for deduction u/s. 80IB(10) of the Act and accordingly rejected the claim and assessed income at Rs. 6,65,13,648/- as against Nil income declared in the income-tax return. Thereafter, aggrieved assessee preferred appeal before ld.CIT(A) but failed to succeed.....
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....is section referred to as "communication") may be made by delivering or transmitting a copy thereof, to the person therein named,- (a) by post or by such courier services as may be approved by the Board; or (b) in such manner as provided under the Code of Civil Procedure, 1908 (5 of 1908) for the purposes of service of summons; or (c) in the form of any electronic record as provided in Chapter IV of the Information Technology Act, 2000 (21 of 2000); or (d) by any other means of transmission of documents as provided by rules made by the Board in this behalf. (2) The Board may make rules providing for the addresses (including the address for electronic mail or electronic mail message) to which the ....
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....ce of notice u/s. 143(2) of the Act are hereby dismissed. 10. Now we take up Ground No.4 raised on merits which relates to the disallowance of claim u/s. 80IB(10) of the Act. We note that ld. AO after thoroughly examining the details filed by the assessee has denied the claim observing as follows : "3. The assessee firm carries on the business as Builders & Developers. During the year the assessee has shown total turnover of 486104177/-and shown net profit of Rs 66513647 which works out to13.68%. Assessee has claimed deduction under section 80IB (10) on the profit and filed the return accordingly. The details submitted during the course of assessment has been scrutinized. The assessee has first attended before the undersigned on....
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....to mark the completion of events in the process of construction and these are all circumstantial evidence. The appellant had also claimed to have submitted the application for completion certificate which has not been submitted during the appellate proceedings as well. Accordingly, the substantive and conclusive documentation in this case has not been submitted which would result in upholding the disallowance of claim of deduction as done by the AO. Even during the remand report, the AO has exhaustively discussed this issue and had pleaded for upholding the stand taken on this issue. The appellant's alternate plea that taking into account the events post completion of the project that it had incurred only loss cannot be entertained unle....