2025 (11) TMI 808

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....of Income Tax, Circle-2(1)(2), Vadodara [hereinafter referred to as "Assessing Officer or AO"], under section 143(3) of the Income Tax Act, 1961 [hereinafter referred to as "the Act"], dated 28/11/2016. 2. Facts of the Case 2.1 The brief background of the case is that the assessee, a company engaged in the business of construction and development of residential projects, filed its return of income for A.Y. 2014-15 on 29/11/2014 declaring total income of Rs. 1,98,56,238/-. The return was processed and subsequently selected for scrutiny. The Assessing Officer issued statutory notices u/s 143(2) and 142(1), in response to which the assessee's authorised representatives appeared and furnished certain details from time to time. After consi....

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....ns are not governed by section 43B and if deposited beyond the due date prescribed under the Provident Fund Act, the same is not allowable. 2.2 After making these additions and disallowances, the Assessing Officer computed the total income of the assessee at Rs. 2,68,01,760/- and initiated penalty proceedings u/s 271(1)(c) r.w.s. 274 of the Act for furnishing of inaccurate particulars of income. 2.3 Aggrieved by the said assessment order, the assessee carried the matter in appeal before the Learned CIT(A). The Learned CIT(A), after issuing several notices for hearing through the ITBA portal on various dates between 2018 and 2025, noted that the assessee did not file any submissions or replies to pursue the appeal. The appellate author....

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.... dismissing the appeal on account of non attendance despite the fact that the notice was not received by the appellant company. 2. The Learned Commissioner of Income Tax (Appeals) erred in confirming the adhoc disallowance of Rs. 5,24,054/- out of site and site development expenses.. 3. The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 63,13,741/- as unexplained liabilities in the books of accounts on account of cancellation of booking. 4. The Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of Rs. 1,07,723/- u/s 36(1)(va) of the Act. 5. The appellant company craves the right to add to or alter, amend, substitute, delete or modify all or ....