ESCORTS CONSUMER CREDIT LTD., NEW DELHI V. DCIT, CO. CIRCLE - 1 (1), CHENNAI

ITA 2372/CHNY/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6395 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 20-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Capital expenditure
• Section: 143(3); 40(a)(ia)

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय ŵी वी. द ु गाŊ राव, Ɋाियक सद˟ एवं माननीय ŵी मनोज कु मार अŤवाल ,लेखा सद˟ के समƗ। BEFORE HON’BLE SHRI V. DURGA RAO, JUDICIAL MEMBER AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं./ ITA Nos. 2372 & 2373/Chny/2019 (िनधाŊरण वषŊ / Assessment Years: 2007-08 & 2008-09) Escorts Consumer Credit Ltd. C-30, Friends Colony (East), New Delhi – 110065. बनाम/ Vs. DCIT, Company Circle (11)(1), Chennai. ̾थायी लेखा सं./जीआइ आर सं./PAN/GIR No. AAACE-1729-K (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎ की ओरसे/ Appellant by : None ŮȑथŎ की ओरसे/Respondent by : Shri G. Johnson (Addl.CIT) – Ld. DR सुनवाई की तारीख/ Date of Hearing : 15-12-2021 घोषणा की तारीख / Date of Pronouncement : 15-12-2021 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2007- 08 & 2008-09 arises out of the common order of learned Commissioner of Income Tax (Appeals)-9, Chennai [CIT(A)] dated 20-06-2019 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) - 2 - ITA NOs. 2372 & 2373/Chny/2019 of the Act on 24-12-2009 & 30-12-2010 for AY 2007-08 & AY 2008-09 respectively. 2. At the time of hearing, none appeared for assessee. However, the assessee has filed written submissions to substantiate its case. The Ld. DR pointed out that the appellate order is an ex-parte order and pleaded for dismissal of appeals. Having considered assessee’s written submissions as well as the orders of lower authorities, our adjudication to the subject matter of appeals would be as under. 3. In the assessment for AY 2007-08, the assessee was saddled with disallowance u/s 40(a)(ia) for Rs.24.44 Lacs. Similarly, for AY 2008-09, the assessee was saddled with bad debt disallowance for Rs.629.50 Lacs and the repairs expenditure was treated as capital expenditure as against revenue expenditure claimed by the assessee. Though the assessee preferred further appeal, however, it failed to appear before Ld. CIT(A). Consequently the action of Ld. AO, for both the years, was upheld by way of common order dated 20-06-2019. Aggrieved, the assessee is in further appeal before us. 4. In the written submissions dated 12-10-2021, the assessee has filed synopsis and pleaded for another opportunity of hearing before learned first appellate authority. After considering the same, we accept the plea of the assessee and accordingly, restore the appeals, for both the years, back to the file of Ld. CIT(A) for fresh adjudication after affording reasonable opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate its stand failing which Ld. CIT(A) shall be at liberty to dispose-off the appeals on the basis of material on record. - 3 - ITA NOs. 2372 & 2373/Chny/2019 5. Both the appeals stand allowed for statistical purposes. Order pronounced on 15 th December, 2021. Sd/- (V. DURGA RAO) Ɋाियक सद˟ /JUDICIAL MEMBER Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद˟ / ACCOUNTANT MEMBER चेɄई / Chennai; िदनांक / Dated : 15-12-2021 JPV आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथȸ/Appellant 2. Ĥ×यथȸ/Respondent 3. आयकर आय ु Èत (अपील)/CIT(A) 4. आयकर आय ु Èत/CIT 5. ͪवभागीय ĤǓतǓनͬध/DR 6. गाड[ फाईल/GF