TaxTMI 
TaxTMI 
2025 (8) TMI 903
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....pectively. For the sake of convenience, both appeals were heard together and are being disposed of by way of consolidated order. First, we will take up the ITA. No. 635/LKW/2024, pertaining to the A.Y. 2016-17. The assessee has raised the following grounds of appeal: - ITA. No.635/LKW/2024 "1. That Learned Additional CIT (A), National faceless Appeal Centre, has erred in not holding that the order under section 201(1) and 201(1A) of the income Tax Act 1961 dated 29-03-2023 for the financial year-2015-16, Assessment year-2016-17 is barred by limitation and hence, void - ab - initio. (2) That Learned Additional CIT (A), NFAC, has erred in holding that the provisions of section 201(3) of the Income Tax Act 1961, as a....
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....at if all the LFC payments under section 10(5) of I T Act 1961 involving a foreign leg are to be held as taxable. The employee is entitled for exemption u/s 10(5) of the I T Act 1961 to the extent of expenses incurred for travel in India where the employee's designated place is in India and he actually visits the place as designated. (7) That Learned Additional CIT(A), NFAC, has erred in nor appreciating that the appellant was of bona fide belief that it was not liable to deduct at source in respect of LFC provide to employee's and accordingly the appellant cannot be held to be an assessee in default within meaning of section 201 and 201(1A) of the IT Act 1961. (8) That the grounds of appeal as pleaded before the learned C....
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....he assessee is in appeal before this Tribunal. 3. Apropos to the grounds of appeal, Ld. Counsel for the assessee bank contended that both the lower authorities have decided the issue in the absence of the assessee. The assessee was not given sufficient opportunity for representing his case effectively. Further, he contended that the assessee has a very strong case on merits and also contended that at least one opportunity be granted to the assessee for effectively representing its case before the Assessing Officer. He contended that in the interest of justice matter may be restored to AO for decision afresh. 4. On the other hand, the Ld. Departmental Representative for the Revenue opposed the submissions and submitted that the assesse....
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....KW/2024, pertaining to the A.Y. 2018-19 [Assessment Year has been wrongly mentioned as 2017-18 in the order of Addl. CIT(A)], the assessee is aggrieved by this order of the Ld. Add.CIT(A)/National Faceless Appeal Centre (NFAC), Delhi dated 28.06.2024 challenging the same by raising the following grounds of appeal: - "1. That on the facts and circumstance of the case and in the law, the order passed u/s 250 r. w. s. 271C of the Act dated 28-06-2024 dismissing the appeal filed by the Appellant and confirming the levy of penalty of Rs. 1,68,807/- by National Faceless Appeal Centre ("NFAC hereinafter) without giving any justifiable reasoning and ignoring the submissions made before the Ld. CIT (A) and without appreciating the facts of ....
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....or the said failure as per the provisions of Section 273 of the Act 1961. (6) That the grounds of appeal as pleaded before the Learned CIT (Appeal) are relied upon the appeal before the Hon'ble Member, ITAT. (7) That the Learned CIT (Appeal) has erred in law in rejecting the appeal arbitrarily and in utter disregard of the submission made before him. (8) That the above grounds are independent and without prejudice to each other. (9) That Appellant craves leave to add, amend, alter, delete, rescind, forgo or withdraw any of the above grounds of appeal either before or during the course of the appellate proceedings in the interest of the natural justice." 7. At the outset, Ld. Counsel for the assessee su....