AUTOGRAPH CARS (INDIA) PRIVATE LIMITED,BANDRA EAST, MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 14(1)(1), MUMBAI

The Order of the learned Commissioner of Income tax (Appeals) is bad in law and contrary to the facts of the case and evidence on record. 2. The learned Commissioner of Income tax (Appeals) erred in failing to consider and grant relief to the extent of Rs. 3, 84,188/- added under Section, 41(1) of the Income tax Act, being an amount outstanding as due as at the end of the previous year and paid to the concerned party subsequently in the previous year relevant to assessment year 2018-19. 3. The learned Commissioner of Income tax (Appeals) erred in failing to consider and grant relief in respect amounts totalling to Rs. 1, 73, 17,062/- added under Section 41(1) in the assessment, being amounts outstanding as due as at the end of the previous year and written back as and when they were determined as not payable and accordingly offered to tax subsequently in assessment years 2014-15, 2016-17 and 2018-19. 4. The learned Commissioner of Income tax (Appeals) erred in making observation suo moto that. "It is observed that there was no activity carried out during the year and the assets of the assessee company were not actually put to use", even while the observation was not only far from facts but also was not a subject matter of appeal. 5. The learned Commissioner of Income tax (Appeals) erred in failing to consider and adjudicate the ground of appeal against disallowance of carry forward of depreciation under Section 32(2) Rs. 63,85,255/- notwithstanding the operation of the provisions of Section 80. 6.The learned Commissioner of Income tax (Appeals) erred in arriving at the amount of addition under Section 41(1) confirmed by him as Rs. 2,07,88,247/-, (instead of Rs. 1,73,36,499/-), by committing an arithmetical mistake of Rs. 34,51,748/-, [being an arithmetical mistake committed earlier by the learned Assessing Officer and repeated by the learned Commissioner of Income tax (Appeals)]. 7. The Appellant craves leave to add, alter or amend all or any of the Grounds of Appeal.

This appeal by the assessee was filed electronically on the e-filing portal dated: 23.08.2023 vide ITA No. 2928/M/2023. During the hearing of the appeal before us, it is brought to our notice by the Ld. A/R of the assessee that the appeal for the year under consideration has already been disposed off by the coordinate bench vide order dated: 05.01.2024.

To confirm this fact the assessee filed a copy of the order passed by the coordinate bench along with its letter dated: 01.05.2024. We have gone through the letter and order of the coordinate bench and found it to be correct. Based on the above, considering the letter of the assessee present appeal fixed before us is dismissed as infructuous.

In the result, the appeal of the assessee is dismissed.