NTN BEARING INDIA PVT. LTD.,CHENNAI V. ACIT, CC-4(1), CHENNAI

ITA 1774/CHNY/2024

AI Insights

The case involves NTN Bearing India Pvt. Ltd., the appellant, contesting an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, for the assessment year 2020-21. The primary issue was the confirmation of an exparte order by the CIT(A), which upheld the disallowance of certain expenditures made by the Assessing Officer under sections 143(3) and 144B of the Income Tax Act, 1961. The appellant argued that due to circumstances beyond their control, they could not present their case or evidence before the CIT(A). The Tribunal, considering the principles of natural justice and the materials presented, decided to remand the case back to the Assessing Officer.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 107441 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 22-10-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 21-06-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: S. DWARAKESH
• Section: 143(3)

Judgement Text

"आयकर अपीलीय अिधकरण, ’बी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी एस.आर. रगुनाथॎ, लेखा सद˟ क े समƗ Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No.1774/Chny/2024 िनधाŊरण वषŊ/Assessment Year: 2020-21 NTN Bearing India Pvt. Ltd., C/o DURV and Associates LLP, No. 10/80, AVM Avenue, 3rd Street, Virugambakkam, Chennai 600 092. [PAN:AADCN8561B] Vs. The Assistant Commissioner of Income Tax, Corporate Circle 4(1), Chennai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri S. Dwarakesh, CA ŮȑथŎ की ओर से/Respondent by : Ms. Gouthami Manivasagam, JCIT सुनवाई की तारीख/ Date of hearing : 22.10.2024 घोषणा की तारीख /Date of Pronouncement : 29.10.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 30.04.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2020-21. 2. The assessee raised 9 grounds of appeal amongst which, the only issue emanates for consideration as to whether the ld. CIT(A) is justified in confirming the order of the Assessing Officer exparte of the assessee. I.T.A. No.1774/Chny/24 2 3. We note that the assessment was completed under section 143(3) r.w.s. 144B of the Income Tax Act, 1961 [“Act” in short]. The Assessing Officer under scrutiny proceedings made disallowance of expenditure as discussed therein at para 3.3 of the assessment order. Having aggrieved by the order of the Assessing Officer, the assessee challenged the same before the ld. CIT(A). The ld. CIT(A) discussed the issue of addition made on account of disallowance of expenditure in para 1 of the impugned order. According to the ld. CIT(A), the assessee, inspite of receipt of notice neither submitted any written submissions nor any documentary evidence, thereby, proceeded to confirm the order of the Assessing Officer. 4. The ld. AR Shri S. Dwarakesh, CA drew our attention to paper book containing pages 204 and submits that the assessee could not place on record before the ld. CIT(A) due to the circumstances beyond its control and prayed to remand the matter to the file of the Assessing Officer for fresh consideration. The ld. AR further submits that the assessee is now ready to prosecute its case before the Assessing Officer with all relevant details of expenditure. 5. On perusal of the assessment order and the impugned order, we note that there was no opportunity for the assessee before the Assessing I.T.A. No.1774/Chny/24 3 Officer. Therefore, taking into consideration the material evidence as furnished in the form of paper book as well as in the interest of natural justice, we deem it proper to remand the matter to the file of the Assessing officer for fresh consideration. The assessee is at liberty to furnish complete details to substantiate its case before the Assessing Officer. Thus, the grounds raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 29th October, 2024 at Chennai. Sd/- Sd/- (S.R. RAGHUNATHA) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 29.10.2024 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. "