ESCORTS CONSUMER CREDIT LTD.,NEW DELHI vs. DCIT, CO. CIRCLE - 1 (1), CHENNAI
What did the Tribunal hold?
The Tribunal accepted the assessee's plea for a fresh hearing before the CIT(A). The appeals were restored to the file of the CIT(A) for fresh adjudication after providing the assessee with a reasonable opportunity to be heard.
What were the facts?
The assessee's appeals for AY 2007-08 and 2008-09 were dismissed ex-parte by the CIT(A) as the assessee failed to appear. The assessee faced disallowances under Section 40(a)(ia), bad debts, and capital expenditure treatment.
What were the issues?
Whether the assessee should be granted a fresh opportunity to present its case before the CIT(A) after failing to appear in the initial proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeals by assessee for Assessment Years (AY) 2007- 08 & 2008-09 arises out of the common order of learned Commissioner of Income Tax (Appeals)-9, Chennai [CIT(A)] dated 20-06-2019 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3)
- 2 - & 2373/Chny/2019 of the Act on 24-12-2009 & 30-12-2010 for AY 2007-08 & AY 2008-09 respectively.
At the time of hearing, none appeared for assessee. However, the assessee has filed written submissions to substantiate its case. The Ld. DR pointed out that the appellate order is an ex-parte order and pleaded for dismissal of appeals. Having considered assessee’s written submissions as well as the orders of lower authorities, our adjudication to the subject matter of appeals would be as under.
In the assessment for AY 2007-08, the assessee was saddled with disallowance u/s 40(a)(ia) for Rs.24.44 Lacs. Similarly, for AY 2008-09, the assessee was saddled with bad debt disallowance for Rs.629.50 Lacs and the repairs expenditure was treated as capital expenditure as against revenue expenditure claimed by the assessee. Though the assessee preferred further appeal, however, it failed to appear before Ld. CIT(A). Consequently the action of Ld. AO, for both the years, was upheld by way of common order dated 20-06-2019. Aggrieved, the assessee is in further appeal before us.
In the written submissions dated 12-10-2021, the assessee has filed synopsis and pleaded for another opportunity of hearing before learned first appellate authority. After considering the same, we accept the plea of the assessee and accordingly, restore the appeals, for both the years, back to the file of Ld. CIT(A) for fresh adjudication after affording reasonable opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate its stand failing which Ld. CIT(A) shall be at liberty to dispose-off the appeals on the basis of material on record.
- 3 - & 2373/Chny/2019
Both the appeals stand allowed for statistical purposes.
Order pronounced on 15th December, 2021.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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