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TMI Blog2023 (5) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... the intimation dated 22/12/2021 issued under section 143(1) of the Act, for the assessment year 2020-21. 2. In this appeal, the assessee has raised the following grounds:- "1 That on the facts and circumstances of the case and in law, Ld. Commissioner of Income Tax (Appeals) ["CIT (A)"] has erred in dismissing the appeal without giving any opportunity of personal hearing, disregarding the multiple requests made the by the Appellant for the same in the submissions made before the Ld. CIT(A). 2. That on the facts and circumstances of the case and in law, Ld. CIT (A) has erred in dismissing the appeal on the ground that intimation asund wh.143(1)(a) is found to be correct on facts and in law without appreciating the fact the expenses ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt disallowed on Capital Account in Tax return filed by the Company is the net amount which comprises of: Particulars Amounts in INR Unrealsed Foreign exchange fluctuation loss on capital account (as also shown in Tax Audit Report in Form 3CD) 1,36,15,055 ADD: Other capital expenditure debited to Statement of Profit and loss 31,25,453 LESS: Realsed Foreign exchange fluctuation loss on capital account (1,12,79,313) Net disallowance on capital account under section 37(1) of the Act 54,61,195 Whereas the Tax Audit report only states the Gross Unrealized Foreign exchange fluctuation loss on capital account of INR 1.36,15.055. Hence, there is no variation. 5. That on the facts and circumstances of the case and in law, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribution, and after-sales servicing of consumer durable products and domestic appliances, all related spare parts and consumables, and other White Good products. For the year under consideration, the assessee filed its return of income on 13/02/2021 declaring a business loss of Rs.178,87,56,549, and claimed a tax refund of Rs.32,42,880. The return filed by the assessee was selected for scrutiny and statutory notices under section 143(2) as well as section 142(1) of the Act were issued and served on the assessee. While the scrutiny proceedings for the year under consideration were going on, the assessee received an intimation issued under section 143(1) of the Act proposing to make disallowance of expenditure indicated in the audit report bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee to furnish ground-wise written submissions along with the supporting documentary evidence. While responding to both the notices, the assessee, vide its submissions dated 26/05/2022 and 26/07/2022, apart from making its ground-wise submissions as sought by the learned CIT(A), made a specific request for a grant of opportunity for personal hearing. 7. We find that the Faceless Appeal Scheme, 2021, formulated by the Central Government in the exercise of powers conferred by sub-section (6B) and sub-section (6C) of section 250 of the Act, provides that the Appellant or his authorised representative may request for personal hearing so as to make his oral submission or present his case and the concerned Commissioner (Appeals) shall allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny, including use of any telecommunication application software which supports video conferencing or video telephony, to the extent technologically feasible, in accordance with the procedure laid down by the Board. (6) The Board shall establish suitable facilities for video conferencing or video telephony including telecommunication application software which supports video conferencing or video telephony at such locations as may be necessary, so as to ensure that the appellant, or his authorised representative, or any other person is not denied the benefit of this Scheme merely on the ground that such appellant or his authorised representative, or any other person does not have access to video conferencing or video telephony at his end. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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