2022 (1) TMI 533

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....ate opportunity of hearing. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not appreciating the fact that assessment order u/s. 143(3) of the Act, passed by the Ld. AO is void ab initio and has been passed in undue haste without providing adequate opportunity of being heard. 3. That in any case and in any view of the matter, action of Ld. CIT(A) in passing the impugned order is bad in law and against the facts and circumstances of the case, and that the Ld. CIT(A) has erred in part-confirming the action of Ld. AO of making an addition to the extent of Rs. 2,70,83,628/- out of a total addition of Rs. 5,43,47,256/-. 4. That on the facts and circumstances of the case and in....

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.... the extent of Rs. 2,70,83,628/- and further, deleted the addition of Rs. 1,80,000/- made by the Assessing Officer in respect of disallowance of interest. 6. Aggrieved against this, the assessee preferred the present appeal before this Tribunal. 7. The only effective ground is against sustaining the addition to the extent of Rs. 2,70,85,628/-. 8. The Ld. Sr. Departmental Representative vehemently argued that the Assessing Officer was justified in making the disallowance. He relied on the decision of the Assessing Officer. 9. I have heard the Ld. Departmental Representative and perused the material available on record and gone through the orders of the authorities below. The Ld. CIT(A) has decided the issue by observing as under:....

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....formation as to why the revenue from the feature film was not shown while claiming the entire expense of cost of production. In light of the observations made earlier it is held that legally and factually the appellant was entitled to the revenue from the Feature Film which however did not materialize due to the peculiar facts of the case that it did not earn adequate revenue at the box office. 4.11. The AO in his remand report also stated that the assessee was asked to furnish complete details alongwith copy of the ledger account of the said expenses to justify the claim. While the copy of the ledger account was furnished vide reply dated 04.02.2015 no further details as called for were produced. Mere production of the ledger was ....