TaxTMI 
TaxTMI 
2025 (5) TMI 1171
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....2022 passed under section 143(3) read with section 144B of the Income-tax Act, 1961 ('Act') by the Assessment Unit, Income Tax Department ('learned AO') for the aforesaid assessment year on the following amongst other grounds: 1. The order passed by the learned AO is ultra vires, illegal, bad in law and contrary to the provisions of the Act. Disallowance of claim of deduction under section 10AA of the Act on interest income earned 2. The learned AO erred in disallowing claim of deduction under section 10AA oп the interest income on short term deposits of INR 17,49,170. 3. The learned AO erred in not appreciating the submissions made by the Appellant in its proper perspective. Incorrect amount of disallowance of 10AA of the Act in respect of interest income earned 4. Without prejudice to the above, the learned AO has erroneously denied the deduction under section 10AA of the Act to the tune of INR 17,49,170 instead of INR 8,74,585 (50% of INR 17,49,170) which has been claimed by the Appellant. 5. The learned AO erred in not appreciating the submissions made by the Appellant in its proper perspective. ....
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....n 234B of INR 66,02,052, without assigning any reason whatsoever. Excess levy of interest under section 234C of the Act 14. The learned AO erred in levying interest under section 234C of the Act amounting to INR 39,34,599 as against Interest of INR 6,02,585 as per retum of income, thereby levying excess interest of INR 33,32,014 under section 234C of the Act, without assigning any reasons whatsoever. Initiation of penalty proceedings 15. The learned AO has erred in initiating penalty proceedings under section 270A of the Act. 16. Each one of the above grounds of appeal is without prejudice to the other. 17. The Appellant craves leave to add, to amend, to alter, to substitute, and to withdraw any or all of the above grounds of appeal." 3. In ITA No.2800/PUN/2024, assessee has raised following grounds of appeal : "The Appellant objects to the Intimation order dated October 11, 2021 passed under section 143(1) of the Income-tax Act, 1961 ('the Act') by the learned Assistant Director of Income Tax, Centralized Processing Centre ('learned ADIT-CPC') for the aforesaid assessment year on the following ground....
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....est under section 234A and 2348 of the Act 9. The learned ADIT-CPC has levied an interest under section 234A of the Act of Rs. 7,17,497, without assigning any reason whatsoever. 10. The learned ADIT-CPC has erred in levying excess interest under section 2348 of INR 1,26,84,174, without assigning any reason whatsoever. Excess levy of interest under section 234C of the Act 11. In the return of income filed for captioned assessment year, the Appellant had paid Interest under section 243C of the Act amounting Rs. 6,02,585. 12. However, in the intimation, the learned ADIT-CPC has erroneously levied Interest under section 234C of the Act amounting to Rs. 39,34,599, thereby levying excess interest of Rs. 33,32,014 under section 234C of the Act, without assigning any reasons whatsoever. 13. Each of the aforesaid grounds are without prejudice to each other. 14. The Appellant craves leave to add, to amend, to alter, to substitute, and to withdraw any or all of the above grounds of appeal." 4. Brief facts of the case are that the assessee is a Private Limited company and engaged in the business of publisher of Journals in Scien....
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.... these facts, we find ld.CIT(A) has dismissed the assessee's appeal in limine on account of delay in filing the appeal against the order u/s. 143(1)(a) of the Act and on the other hand the finding of ld.CIT(A) is not specific and the issues have not been dealt with properly in the grounds of appeal raised against the order u/s. 143(3) of the Act. Ld. Counsel for the assessee was asked as to why the issues in both these appeals should not be restored to the file of ld.CIT(A) for examining the issues properly. It was also asked that when the adjustments made in the order u/s. 143(1)(a) of the Act has already formed part of the assessment order framed u/s. 143(3) of the Act, the order u/s. 143(1)(a) has merged with order u/s. 143(3) of the Act, then appeal filed by the assessee u/s. 143(1)(a) becomes infructuous. To this, ld. Counsel for the assessee prayed that both the appeals may please be restored to the file of ld.CIT(A) for deciding them afresh after providing reasonable opportunity to the assessee. He also prayed to condone the delay in filing of the appeal before ld.CIT(A) against the order u/s. 143(1)(a) of the Act. 9. On the other hand, ld. Departmental Representative veh....