2018 (2) TMI 430

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....sallowance u/s I4-A holding that the said disallowance was in the original assessment order dated 30.12.2013. And appellant should have included appeal on this point against the original assessment order dated 30.12.2013 in the appeal should have. 2. The learned CIT (A) erred in not condoning the delay in filing appeal on this point. 3. The learned CIT (A) erred in not deleting the disallowance of Rs. 72.72,6987- made by the Assessing Officer u/s 14-A of the Income Tax Act. 4. The learned CIT (A) failed to take into account the following facts. a) Investment in shares and in capital contribution in the partnership firm was less than funds available in share capital and reserve and surplus. b) Dur....

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.... the Assessing Officer u/s.143(3) r.w.s. 147 is bad in law. 2. The Learned Assessing Officer erred in making an addition Rs. 65,29,714/- on account of alleged bogus purchases of goods made from 12 parties. 3. The Learned Assessing Officer failed to appreciate (i) that the payment for the said purchases had been made by A/c, Payee Cheques; (ii) that the goods were received for the running of the Appellant's Hotels and (Hi) that as he held in ITO vs. Kanchwala Gems 33 SOT 27 (JP) once the transaction is over, the Appellant ceases to have control over seller to produced him before the Assessing Officer. 4. At para 5.2 of the order the Assessing Officer states that the 12 parties' statements had been recorded ....

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....f the assessee on 10/03/2016 and therefore may be admitted. I have considered the facts of the case. It appears from the assessment order that no addition u/s 14A as such has been made in the assessment order dated 15/02/2016, which is the subject matter of the present appeal and therefore this issue of disallowance does not emanate from the assessment order under dispute . In fact while filing this appeal as on 10/03/2016, the assessee did not even raise any grounds relating to disallowance u/s 14A and therefore the assessee could not have raised this issue by filing a revised ground of appeal in this regard, during the course of the appellate proceedings. 14. It is however gathered the addition u/s 14A was made by the AO, while c....