BANSHIDHAR SEWBHAGOVAN & CO.,DIBRUGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH
In the result, the appeal of the assessee is partly allowed
ITA 63/GTY/2021[2019-20]Status: DisposedITAT Guwahati15 Mar 2023AY 2019-20
Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.63/Gty/2021 Assessment Year: 2019-20 Banshidhar Sewbhagovan & Co, Dibrugarh......................……….……Appellant 5Th Floor, Juction Mall, R.K.B. Path, Dibrugarh, Assam- 786001. [Pan: Aadfb7460J] Vs. Dcit, Circle-1, Dibrugarh ……..…............…….......................…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri N.T. Sherpa, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2023 Date Of Pronouncing The Order : February 15, 2023 Order Per Manish Borad: This Appeal At The Instance Of The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2019-20 Is Directed Against The Order Of The National Faceless Appeal Centre [In Short Ld. “Cit(A)”] Dated 22.09.2021 Which Is Arising Out Of The Order U/S 143(3) Of The Assessing Officer Dated 01.05.2020. 2. The Case Was Called For. None Appeared For The Assessee. In The Past, Various Notices Have Been Served Through Rpad But There Is No Compliance. We, Therefore, Deem It Fit To Hear This Appeal With The Assistance Of Ld. Dr & The Available Records. 3. From The Perusal Of The Grounds Of Appeal, The Grievance Of The Assessee Is Two-Fold. Firstly, The Ld. Cit(A) Erred In Confirming Disallowance U/S 36(1)(Va) R.W.S 2(24)(X) Of The Act For The Delay Of
Section 1Section 143(3)Section 36(1)(va)
disallowance of Rs.5,12,478/- is to be restricted only to the extent of 40%, we find that there is no dispute to the fact that the assessee is engaged in the business of manufacturing of tea and for such type of assessee, income is to be computed as provided under Rule 8 of the Income Tax Rules. Sub-section