Case Law Details
DCIT Vs Zorawar Vanaspati Ltd. (ITAT Delhi)
The issue under consideration is whether the cross objection filed by the revenue regarding levying penalty u/s 234A and 234B of the Act on returned income is justified in law?
ITAT states that as far as Revenue’s appeal is concerned, an undisputed fact that the Revenue’s appeal is below tax of Rs.50 lakh. Accordingly ITAT are inclined to allow withdrawal of appeal filed by the Revenue. Thus appeal of the Revenue is dismissed.
As far as appeal of the assessee is concerned, 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 before us no infirmity is pointed in the order of CIT(A) on the addition made on merits. We further find 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 of the Income Tax Act. In the absence of any documents on record to point out any fallacy in the findings of the AO/ CIT(A), we find no reason to interfere in the order of CIT(A) and thus the appeal of assessee is dismissed.
FULL TEXT OF THE ITAT JUDGEMENT
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