2024 (6) TMI 1343

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....ing grounds of appeal in ITA No. 3396/ Del/2023 : 1. That on facts and in law the order dated 21st November 2023 passed by the National Faceless Appeal Center. (here in after referred to as the " CIT( A)"} is bad in law and void ab initio. 1.1 Without prejudice and in specie that on facts and in law the CIT( A) has erred in not granting an opportunity of being heard as settled thereby violating the principals of natural justice. 1.2 Without prejudice and in specie the CIT( A) has erred in exercising discretionary jurisdiction in violation of the statute, fair play and justice. 2. That on facts and in law the CIT( A) has erred in dismissing the appeal by erroneously holding that the appellant has opted for....

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....e erred in not appreciating that cash payment: (a) was made on account of overriding legal mandate under exceptional circumstance of cancellation / delay of flight; (b) did not, in any case, exceeds the threshold limit of Rs. 20,000 per passenger in a day. 6. That on facts and in law the CIT( A) has erred in upholding the action of AO in treating the sum of Rs 421,91,67,592 by way of "supplier credits" received from various suppliers of aircraft parts [ mainly from P& W, Honeywell, Rockwell, etc.] as a revenue receipt liable to tax. 7. That on facts and in law the CIT( A) has erred in upholding the action of AO in disallowing deduction of a sum of Rs. 1040,17,83,958/- being supplementary lease rent ( in s....

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.... 13. That on facts and in law the CIT( A) / AO have erred in not following the decisions of Supreme Court, High Court and ITAT in the appellant' s own case for earlier assessment years. 14. that on facts and in law the levy of interest under section 234B of the Act is bad in law. 3. Heard the arguments of both the parties and perused the material available on record. 4. The ld. CIT( A) held that, the assessee has opted for Direct Tax Vivad se Vishwas Scheme, 2020 . The ld. CIT( A) categorically held that, as per ITBA and Systems, Forms 1 , 2 and 3 have been downloaded but after perusing ITBA and Systems, Form 4 and Form 5 could not be downloaded. Even then the ld. CIT( A) erroneously chosen to dismiss the appeal of th....