M/S.GLOBAL WAVE TECHNOLOGIES PVT.LTD.,COCHIN vs. THE INCOME TAX OFFICER,CORPORATE CIRCLE 1(2), KOCHI
What did the Tribunal hold?
The Tribunal found that the CIT(A)/NFAC had neither framed points of determination nor made detailed adjudications on the assessee's submissions. The appellate orders merely extracted assessment findings and written submissions without specific findings.
What were the facts?
The assessee filed four appeals against orders of the CIT(A) for various assessment years. The lower authorities had made disallowances under Section 40A(ia) and other similar provisions.
What were the issues?
Whether the CIT(A)/NFAC properly adjudicated the assessee's grounds of appeal and submissions, or merely extracted lower authority findings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench These assessee’s four appeals arise against orders of the National Faceless Appeal Centre , Delhi [CIT(A)] in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act) as under : - DIN & Order No. Date No. 1 760/Coch/2023 2011-12 ITBA/NFAC/S/250/2023- 31.08.2023 24/1055615258(1) 2 761/Coch/2023 2014-15 ITBA/NFAC/S/250/2023- 31.08.2023 24/1055628072(1) 3 762/Coch/2023 2016-17 ITBA/NFAC/S/250/2023- 31.08.2023 24/1055631568(1) 761/Coch/2023 2017-18 ITBA/NFAC/S/250/2023- 31.08.2023 24/1055634609(1) Heard both the parties. Case files perused. to 763/Coch/2023 Global Wave Technologies Pvt. Ltd.
It emerges during the course of hearing with the able assistance coming from both the parties that the lower authorities have invoked section 40A(ia) and similar other disallowance(s); involving varying sums, in all these assessment years during the course of regular assessment(s) as upheld in the corresponding CIT(A)’s lower appellate discussion. A perusal of the latter’s respective findings reveals that in any of the impugned orders under challenge before us, the CIT(A)/NFAC, as the case may be, has neither framed any point of determination nor made a detailed adjudication thereupon on the assessee’s elaborate submissions made before him. Learned A.R. further seeks to butters the point that all the relevant lower appellate findings challenged before us have simply extracted the assessment findings and the assessee’s written submission than recording any specific finding on various issues raised therein.
Faced with this situation, we refrain ourselves from deciding the assessee’s instant appeals on merits and deem it appropriate in the larger interest of justice to remand their substantive grounds back to the CIT(A) for its afresh appropriate adjudication within three effective opportunities of hearing. Ordered accordingly.
This assessee’s four appeals ITA.Nos.760 to 763/Coch./2023 are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.
More judgments on Section 40A(ia)
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Kaushal Pravinkumar Shah, Ahmedabad vs Income Tax Officer, AhmedabadITA 2356/AHD/2026[2023-24]Status: Disposed28 Sept 2026AY 2023-24
- Abc Construction, Murshidabad vs I.T.O., Ward - 42(1), MurshidabadITA 703/KOL/2026[2023-2024]Status: Disposed8 Sept 2026AY 2023-2024
- Income Tax Officer, Ward - 42(1)… vs Abc Construction, BerhmaporeITA 3070/KOL/2025[2023-24]Status: Disposed8 Sept 2026AY 2023-24
- JCIT(in-Situ), CC-1(4), Kolkata vs K & K Minerals Pvt Ltd, KolkataITA 566/KOL/2026[2011-12]Status: Disposed14 Aug 2026AY 2011-12
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