DCIT CORPORATE CIRCLE I(1), CHENNAI vs. A V A CHOLAYIL HEALTHCARE PVT. LTD., CHENNAI
In the result, the appeal filed by the Revenue is partly allowed for statistical purposes
ITA 783/CHNY/2019[2013-14]Status: DisposedITAT Chennai11 Mar 2021AY 2013-14
Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. No.783/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 The Deputy Commissioner Of M/S. Ava Cholayil Healthcare Pvt. Ltd., 1583, J. Block, 6Th Avenue, 15Th Main Income Tax, Corporate Circle 1(1), Vs. Chennai 600 034. Road, Chennai 600 102. [Pan: Aaica2178A] (अपीलाथ" /Appellant) (""थ"/Respondent) Department By : Shri G. Chandrababu, Addl. Cit Assessee By : Mrs. Pushya Sitaraman, Advocate सुनवाई की तारीख/ Date Of Hearing : 03.02.2021 घोषणा की तारीख /Date Of Pronouncement : 11.03.2021 आदेश /O R D E R Per Duvvurul Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai Dated 28.12.2018 Relevant To The Assessment Year 2013-14. The Revenue Has Raised The Following Grounds: “1. The Order Of The Ld. Cit(A) Is Contrary To Law, Facts & Circumstances Of The Case. 2. The Ld. Cit(A) Erred In Giving Relief To The Assessee By Deleting The Disallowance Of Rs.44,22,711/- For Ay 2013-14 & Rs.45,56,529/- For Ay 2014-15 Claimed Under Section 36( 1 )(Iii) When The Assessee Company Has Not Produced Any Evidence Regarding The Transaction For Validating The Claim That It Arose
For Appellant: Mrs. Pushya Sitaraman, AdvocateFor Respondent: Shri G. Chandrababu, Addl. CIT
Section 36Section 36(1)(iii)Section 50C
disallowance made under section 36(1)(iii) of the Act without giving an opportunity to the Assessing Officer, which is in violation of the Rule 46A and pleaded for setting aside the appellate order.
On the other hand, the ld. Counsel for the assessee supported the order passed by the ld. CIT(A).
4. We have heard both the sides