BOTREE SOFTWARE INTERNATIONAL P. LTD,CHENNAI vs. DCIT CORP CIRCLE 1(1), CHENNAI
What did the Tribunal hold?
The Tribunal found that the appellate orders were passed without considering the remand reports. Therefore, the appeals were restored to the CIT(A) for re-adjudication.
What were the facts?
The assessee appealed against disallowances of excess depreciation and interest expenditure made by the Assessing Officer for AYs 2010-11 and 2013-14. The CIT(A) confirmed these disallowances without considering remand reports.
What were the issues?
Whether the CIT(A) erred by passing orders without considering the remand reports, which could have a material bearing on the assessee's claims.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आयकर अपीलीय अिधकरण ‘ए’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2010-11) & आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2013-14) M/s.Botree Software International P. Ltd. DCIT बनाम Corporate Circle-1(1) Flat No.107/108, WSS Towers, / Vs. Chennai. Harris Road, Pudupet, Chennai-600 002. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AADCB-7203-Q (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri G. Baskar (Advocate) -Ld.AR � थ�कीओरसे/Respondent by : Shri R. Mukundan (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 13-06-2024 घोषणा की तारीख /Date of Pronouncement : 18-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeals by assessee for Assessment Years (AY) 2010- 11 & 2013-14 arises out of separate orders of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] both dated 19-01-2024 in the matter of separate assessments framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 147 / 143(3) of the Act on 09-12-2015 / 28-01-2016 respectively.
The Ld. AR, at the outset, submitted that the appellate orders have been passed without considering the remand reports as called during first appellate proceedings. The Ld. Sr. DR opposed interference in the impugned orders. Having heard rival submissions and after going through the case records, our adjudication would be as under. 3. In the assessment order for AY 2010-11, Ld. AO disallowed excess depreciation of Rs.100 Lacs as claimed by the assessee. Similar disallowance of depreciation was made in AY 2013-14. In AY 2013-14, Ld. AO also disallowed interest expenditure of Rs.8.54 Lacs. 4. During appellate proceedings, for both the years, the assessee assailed impugned disallowances which was subjected to remand proceedings vide letter dated 02-11-2016. However, no such report was received till the time of passing of impugned order. Accordingly, Ld. CIT(A) confirmed the disallowances. Aggrieved, the assessee is in further appeal before us. 5. Considering the submissions of Ld. AR that the remand proceedings would have material bearing on the claim of the assessee, we deem it fit to restore both the appeals back to the file of Ld. CIT(A) for re-adjudication in the light of findings rendered by Ld. AO. The assessee would be granted reasonable opportunity of hearing. The remand reports of Ld. AO, if any, shall be considered by first appellate authority.
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