BAJAJ EXPORTS PVT. LTD.,NAGPUR vs. THE DY. CIT, CENTRAL CIRCLE, 2(3), NAGPUR

ITA 303/NAG/2013Status: DisposedITAT Nagpur29 March 2019AY 2006-079 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that it has the power to allow additional grounds of appeal if they relate to the subject matter of the entire tax proceedings, even if they do not directly arise from the impugned order. The issues were therefore remanded to the CIT(A) for adjudication.

What were the facts?

The assessee's appeal pertains to a reassessment order where additions were made on account of disallowance under Section 14A and belated payment of employee's PF contribution. These issues were not adjudicated by the CIT(A) in the original assessment.

What were the issues?

Whether the Tribunal can admit and adjudicate issues not directly arising from the impugned CIT(A) order but related to the overall tax proceedings, and whether disallowances under Section 14A and for belated PF payment are justified.

Which sections of the Income-tax Act were involved?

Section 14A

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Income Tax Appellate Tribunal, NAGPUR BENCH, NAGPUR

Before: SHRI D. KARUNAKARA RAO, AM & SHRI VIKAS AWASTHY, JM

For Appellant: Shri Rajesh Loya, Adv
Hearing: 26.03.2019Pronounced: 29.03.2019

PER D. KARUNAKARA RAO, AM: This appeal is filed by the assessee against the order of CIT(A)-I, Nagpur dated 15.05.2013 for the Assessment Year 2006-07. 2

2.

The ground nos.1, 5 and 6 are not pressed by the assessee at the time of hearing. Accordingly, they are dismissed as not pressed.

3.

Rest of ground nos.2, 3 and 4 are left for adjudication and the same are extracted hereunder :– “(2) That the learned Assessing Officer erred in law and on facts in disallowing interest expenditure of R

The order continues below.

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