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TMI Blog2024 (8) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... contention of learned AR that for the purpose of section 143(3) r.w.s. 153 of the Act, the assessment order shall be considered to be passed beyond the limit prescribed, for the only reason that though assessment order was passed before the time barring date but was not served upon the assessee, due to inadvertent mistake in mentioning the house number. In fact, it is for such purposes the act provides that discrepancy in notices will not affect the proceedings. We find no error in the findings of the learned CIT(A). The ground no. 2 has no substance. Disallowance of foreign exchange fluctuation loss on reinstatement of the ECB loans borrowed near the end of FY 2011-12 - HELD THAT:- It comes from the order of AO that he considered disallowa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal of the Assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-2, Gurugaon [hereinafter referred to as Ld. CIT(A) ] in Appeal No.617/2016-17 dated 20/09/2018 against the order passed by Deputy Commissioner of Income Tax, Circle-1(1), Gurugaon (hereinafter referred to as the Ld. AO ) u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) on 23/12/2016. 2. The assessee has raised the following grounds of appeal: 1. (i) That the order of the Ld. CIT(Appeals)-2 (hereinafter called CIT(A)) dated 20.09.2018 confirming the addition of Rs. 4,20,67,880/- made by DCIT Circle 1(1) (hereinafter called AO), is illegal, unjust, opposed to facts and suffers from the vice of arbitrariness. (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red in adopting the provision for reinstatement of foreign currency loans as loss due to foreign exchange fluctuation on ECB loans paid during the year. 5. That on facts and circumstances of the case and in law, the ld. CIT(A) and the Ld. AO have both erred in not following the Principle of Consistency . During last year, provision of income of Rs. 3,31,37,560/- for foreign exchange fluctuation was accepted by the department. 6. That on facts and circumstances of the case and in law, the Ld. CIT(A) and the Ld. AO have both erred in treating the provision of Rs. 4,20,67,880/- as a Capital Expenditure, without allowing depreciation on the said Capital Expenditure during the current year and in subsequent years. 7. That net income of the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order being passed on 23 December 2016 before time barring date. If there was any discrepancy in mentioning the address due to which the demand notice along with the assessment order was not served on the assessee that can only help the assessee to claim that the period of limitation for filing the appeal would be from the date when assessee actually receives the demand notice or assessment order. There is no force in the contention of learned AR that for the purpose of section143(3) read with section 153 of the Act, the assessment order shall be considered to be passed beyond the limit prescribed, for the only reason that though assessment order was passed before the time barring date but was not served upon the assessee, due to inadverte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement has been done in the balance sheet therefore the same give rise to capital loss. The order dated 29/10/2020 of Pune Bench in the case of Aesseal India Pvt. Ltd. Vs. ITO (ITA No. 2203 and 2202/Pun/2017) is relied by learned Departmental Representative to contend Section 43A is applicable. 9. We have given thoughtful consideration to the matter on record and the submissions made. It comes from the order of Assessing Officer that he considered disallowance u/s 37 of the exchange fluctuation only for the reason that ECB loan was utilized for purpose of acquiring capital asset which has enduring benefit. Contrary to the same CIT(A) has made the disallowance by relying section 43A. We are in agreement with learned Authorized Representati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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