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Income Tax Appellate Tribunal - Bangalore

Axis Cades Aerospace Infrastructure ... vs Principal Commissioner Of Income Tax ... on 31 October, 2017

              IN THE INCOME TAX APPELLATE TRIBUNAL
                       "C" BENCH : BANGALORE

      BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
          AND SHRI LALIET KUMAR, JUDICIAL MEMBER


                           ITA No.777/Bang/2017
                         Assessment year : 2012-13

Axis Cades Aerospace                 Vs.    The Principal Commissioner of
Infrastructure Pvt. Ltd.,                   Income Tax,
[formerly Jupiter Aviation                  Bengaluru - 1,
Services P. Ltd.],                          Bengaluru.
C/o. T. Velupillai & Co.,
Chartered Accountants,
3155/A, 3rd Floor, 11th Main,
2nd Stage, Indiranagar,
Bangalore - 560 078.
PAN: AABCR 9718G
           APPELLANT                                RESPONDENT

  Appellant by       : None
  Respondent by      : Shri M.K. Biju, Jt. CIT(DR)(ITAT), Bengaluru.

                 Date of hearing       : 30.10.2017
                 Date of Pronouncement : 31.10.2017

                                 ORDER

   Per Inturi Rama Rao, Accountant Member

This appeal is filed by the assessee against the order passed u/s 263 of the Income-tax Act, 1961 ["the Act"] dated 21.02.2017 of the Principal Commissioner of Income-tax, Bengaluru-1, Bengaluru ["the Pr.CIT"] for the assessment year 2012-13.

Page 2 of 3

2. During the course of hearing of the appeal, none appeared on behalf of the assessee, despite service of notice through RPAD which was received by the assessee on 22.09.2017 (acknowledgement card placed on record). It appears that assessee is not interested in prosecuting the appeal. We, therefore, following the decision of the Delhi Bench of the Tribunal in the case of Multiplan (India) Ltd., 38 ITD 320 (Del) dismiss the appeal in limine for non-prosecution of the appeal. Even on merits, we find that the issues which are subject matter of revision proceedings were not examined by the AO during the course of assessment proceedings. Therefore the Pr. CIT was justified in invoking the jurisdiction u/s. 263 of the Act.

3. In the result, the appeal filed by the assessee is dismissed.

Pronounced in the open court on this 31st day of October, 2017.

                Sd/-                                     Sd/-

       ( LALIET KUMAR )                         ( INTURI RAMA RAO )
          Judicial Member                         Accountant Member


Bangalore,
Dated, the 31st October, 2017.

/ Desai Smurthy /
                                                 ITA No.777/Bang/2017
                            Page 3 of 3



Copy to:

1.   Appellant
2.   Respondent
3.   CIT
4.   CIT(A)
5.   DR, ITAT, Bangalore.
6.   Guard file



                                          By order



                                     Senior Private Secretary
                                       ITAT, Bangalore.