M/S. GLOBAL WAVE TECHNOLORIES PVT.LTD.,COCHIN vs. THE INCOME TAX OFFICER, CORPORATE CIRCLE 1(2), KOCHI

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.