Maruti Enterprises Vs DCIT (ITAT Patna)
The appeal arose from an order of the CIT(A) dated 29.07.2024 for AY 2018-19.The appeal was filed with a delay of 270 days. Assessee explained that all tax matters were being looked after by a person who unfortunately passed away on 23.10.2023, & the proceedings remained unattended. Once the lapse came to light, the assessee took immediate steps to file the appeal. Accepting this explanation as genuine & supported by a death certificate, the Tribunal condoned the delay in the interest of justice.
On merits, Assessee, engaged in the real estate business, had filed its return declaring an income of ₹85.83 lakh. The case was selected under CASS. Since Assessee failed to respond to statutory notices u/s 143(2) & 142(1), the AO completed the assessment u/s 144 by estimating income at 8% of turnover of ₹16.55 crore, resulting in assessed income of ₹1.32 crore. CIT(A) dismissed the appeal ex-parte, noting that Assessee failed to furnish details or documentary evidence.
Before the Tribunal, Assessee contended that adequate opportunity of hearing had not been provided & gave an undertaking that it would fully cooperate if the matter was remanded. Revenue, however, supported the lower authorities’ orders.
