2024 (8) TMI 525

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....are clubbed, heard and a consolidated order is passed. For the sake of convenience, we shall take up ITA No. 3181/Mum/2023, A.Y 2019-20 as lead case and the facts narrated. The assessee has raised the following grounds of appeal: 1. The Ld. CIT (Appeals) erred in law and on facts in dismissing the appeal. 2. The Ld. CIT (Appeals) erred in law and is not justified in not giving proper opportunity. 3. The Ld. CIT (Appeals) erred in law and is not justified in confirming the disallowing the depreciation of Rs. 1,68,42,855/- on Trademark made by the assessing officer without appreciating the fact that Trademark has been valued as per Valuation report of Registered Valuer. 4. The Ld. CIT (Appeals) erred in law....

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....re Honorable ITAT to add, alter or amend any or all grounds of appeal before or at the time of hearing 9. Each of above grounds of appeal is in alternative and without prejudice to other. The appellant craves leave to add, alter, amend or delete all or any of the grounds of appeal before or during the course of hearing. 3. The brief facts of the case are that, the assessee company is engaged in the business of manufacturing, packing, distributing, transporting etc. of inorganic fertilizers. The assessee has filed the return of income for the A.Y 2019-20 on 28.05.2020 disclosing a total income of Rs. Nil under the normal provisions of Income Tax Act and whereas the total income (MAT) was determined U/sec 115JB of the Act of Rs. 4....

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.... has a good case on merits and shall substantiate with the material evidences and prayed for an opportunity to explain before the lower authorities. Per Contra, the Ld. DR supported the order of the CIT(A). 6. We heard the rival submissions and perused the material on record. Prima-facie the CIT(A) has passed the order considering the fact that there is no appearance in spite of providing adequate opportunity of hearing and the notices were issued. Therefore, the CIT(A) was of the opinion that the assessee is not interested in prosecuting the appeal and dismissed the appeal ex-parte confirming the action of the assessing officer. The Ld. CIT(A) has issued the notices of hearing referred at Page 3 of the order, but there was no response a....