9911796707
TMI Blog2024 (7) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... dity of proceedings under the Income Tax Act, 1961. Extrapolating these principles to the context of email communications, it is evident that incorrect email addresses would constitute improper service, thereby invalidating any subsequent actions based on such notices. Courts have repeatedly held that procedural requirements must be strictly followed to ensure fairness and legality in tax administration. Thus, we are of the considered opinion that CIT(A) has erred in dismissing the appeal ex-parte without providing the Assessee a fair opportunity to present their case. Therefore, in the interest of justice, we set aside the orders of CIT(A) for both the assessment years and restore the matter back to the file of Ld.CIT(A) for fresh adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the AO to verify from the records the fact of availability of interest-free funds for the purpose of making advances to its sister concerns. 3.1. Consequently, the AO passed an order under Section 143(3) read with Section 254 of the Act on 30.12.2016, disallowing the interest cost of Rs. 54,76,690/- for AY 2005-2006 and Rs. 46,31,906/- for the AY 2006-2007. Being aggrieved by the addition, the Assessee preferred an appeal before Ld.CIT(A), which was dismissed ex-parte. 3.2. Therefore, the Assessee is in appeals before us with the following grounds of appeal: For ITA No. 1066/Ahd/2023 1. The Learned CIT (Appeals) erred in passing the order without waiting for the response by the assessee company. 2. The Email ID to which the notices were s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred in confirming the disallowance of interest amounting to Rs. 46,31,906/- despite the fact that the appeal filed for similar disallowance made in Assessment Year 2004-05 w which was the first year of similar disallowance was pending as on date. 5. The Learned CIT (Appeals) erred in confirming the findings of the Ld. Assessing Officer that the assessee company has not been able to prove that the borrowings were out of interest free fund. 6. The assessee company had submitted detailed information and submissions during the course of assessment proceedings which have not been considered by the CIT(A) while dismissing the order on account of non-attendance. 7. The assessee company craves, leave to add, alter or amend any of the grounds menti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
