TaxTMI 
TaxTMI 
2025 (8) TMI 129
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....visions of Section 40(a)(ia) are not applicable in the facts of the present case. 5. The disallowance of interest in a sum of Rs. 12,49,409/- and Rs. 35,724/- are bad in law. 6. The Hon'ble NFAC failed to appreciate that the subject interest is disallowed under different provisions of the I.T. Act more than once. 7. The applicant craves for leave to add to, delete from or amend the grounds of appeal. 3. At the outset, the ld. A.R. of the assessee submitted that there is a delay of 10 days in filing the appeal before this Tribunal. The ld. A.R. of the assessee also drew our attention to an affidavit dated 21.1.2025 sworn before the notary public along with the application for the condonation of delay which are reproduced below for ease of reference and record: 4. On going through the Affidavit & application for condonation as above, we take a note of the fact that the assessee could not file the appeal in time for the reason that the assessee's Tax Consultant /CA Shri Rajeev Naik was not keeping good health and was hospitalized and also needed complete rest. After his recovery, he forwarded the documents to M/s. K.R. Prasad Advocates with an instruct....
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....no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact, he runs a serious risk. (6) It must be grasped that the judiciary is respected not on account of its power to legalise injustice on technical grounds but because it is capable of removing injustice and is expected to do so. 6.2 When substantial justice and technical consideration are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right for injustice being done because of non deliberate delay. Therefore, we have to prefer substantial justice rather than technicality in deciding the issue. As observed by Apex Court, if the application of the assessee for condoning the delay is rejected, it would amount to legalize injustice on technical ground when the Tribunal is capable of removing injustice and to do justice. Therefore, this Tribunal is bound to remove the injustice by condoning the delay on technicalities. If the delay is not condoned, it would amount to legalizing an illegal order which would res....
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....neous and prejudicial to the interest of revenue and accordingly the assessment was set aside on the following issues- 1. Non- disallowance of interest paid and claimed as revenue expenditure. 2. Disallowance as per provisions of section 40(a)(ia). Thereafter, the assessment u/s 143(3) r.w.s. 263 of the Act was completed on 15.3.2022 by assessing the total income at Rs. 47,60,943/- by making disallowances as per provisions of section 40(a)(ia) of the Act amounting to Rs. 35,724/- and addition of Rs. 12,49,409/- (Interest amounting to Rs. 13,15,160 for 11 Months treated as Capital expenditure (-) Depreciation of Rs. 65,758/-). 8. Aggrieved by the order of AO, the assessee preferred appeal before the ld. CIT(A)/NFAC. The ld. CIT(A)/NFAC dismissed the appeal of the assessee on merits as well as on non-compliance. 9. Aggrieved by the order of ld. CIT(A)/NFAC, assessee filed the present appeal before this Tribunal. 10. Before us, the ld. A.R. for the assessee submitted that the assessee could not represent its case before ld. CIT(A)/NFAC due to the brain hemorrhage of its CA Shri Rajeev Naik. Further, before us, the ld. AR of the assessee undertook to make ....
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.... 2387/BANG/ 2024 ASSESSMENT YEAR: 2016-17 1 * INDIA The Income Tax Officer, Ward 1, Aayakar Bhavan, Near All India Radio, Athani Road, Vijayapur, Karnataka - 586104. M/s Hussain Multispeciality Hospital 1, M/s Hussain Multispecialty Hospital Jalanagar Road Near, BDA Office, Bijapur, Karnataka - 586102. RESPONDENT APPELLANT NOTA AFFIDAVIT A.M.JAKANUR. VLAYAPUR DIST KARNATAKA GOVT. OF Reg No 12446 Exp Dt6-1-2027 OF INDIA laytedahmed Sahebhusen Patel, S/o Saheb Husen Patel aged about 45 sarı residing at No 1, M/s Hussain Multispecialty Hospital, Jalnagar Road Near, BDA Office, Bijapur, Karnataka-586102, do hereby solemnly affirm and state on oath as under: 2. I am an appellant in the proceedings before the Income Tax Appellate Tribunal, Bengaluru Bench, Bengaluru. I am conversant with the facts of the case. I am competent to swear to this affidavit and I am swearing to this affidavit. 3. I state that upon receipt of the order u/s 250, I forwarded it to Mr. Rajeev Naik, Chartered Accountant, having his office at Godbole Mala, Tilak Lane, Minaxi Chowk, Bijapur - 586 101, who is my tax consultant and chartered accountant, I state that Sh....