2023 (6) TMI 1322

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(A) AO') us 143(3) read with section 144C(13) of the Income Tax Act, 1961 ('Act) in the name of "NEC Technologies India Pvt. Ltd. (Formerly NEC India Pvt. Ltd.), the amalgamating entity, which had ceased to exist in the eyes of law, is beyond jurisdiction, illegal and bad in law 2. That on the facts and circumstances of the case and in law, the impugned order is barred by limitation, bad in law and therefore, liable to be quashed. 3. The Ld. AO has erred in disallowing advances (i.e. Input Cenvat Credit) to the tune of Rs. 91,81,394/- which the Appellant was constrained to write off during the year under consideration as per the direction of service tax department; 4. That the Ld. A.O. erred on facts and in law in issuing noti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ar has upheld the addition therefore the Assessing Officer was right in disallowing the claim of assessee therefore, ground of assessee may kindly be dismissed. 6. On careful consideration of above submissions, we note that the basis taken by the Assessing Officer for disallowing the claim of assessee is that the advances i.e. Input Cenvat Credit written off were not offered as revenue in the earlier year. The Assessing Officer further alleged that for AY 2012-13 the Assessing Officer made similar addition of advances written off and the ld. CIT(A) uphold the addition therefore the same is not allowable. However, the ld. CIT(DR) did not show or place any such order against the assessee on being specifically asked for. 7. On careful consid....