2024 (11) TMI 1544

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....on behalf of the assessee-appellant to represent the case and assist the Bench in disposing the appeal filed by the assessee itself. There is no application for adjournment of hearing either. Therefore, we proceed to dispose off the appeal ex-parte qua the assessee after hearing the learned Departmental Representative and on the basis of material available on record. 3. In its appeal, the assessee has raised following grounds:- "1. On the facts and in the circumstances of the case and in law, the intimation passed u/s 143(1) of the I. T. Act, 1961 by the Assistant Dir. of Income Tax CPC is bad in law and the Ld. AddI/JCIT (A) erred in confirming the same. 2. On the facts and circumstances of the case and in law, the add....

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.... 234C of the act. 7. The appellant craves leave to add or amend any ground of appeal with the permission of the Hon'ble members." 4. Facts in Brief:- The assessee is engaged in the business of manufacturing of all types of Agriculture Shed Net and is regular in filing its return of income which has been assessed to tax since last several years. The assessee filed its return of income on 15/09/2020, for the year under consideration under section 139 of the Income Tax Act, 1961 ("the Act") declaring total income of Rs. 6,26,010. The assessee firm is subject to audit and Audited Balance Sheet and Tax Audit Report in Form No.3CD, was also filed with the return of income and is on record of the Department. The learned Asstt. Dire....

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....ll the sections from 30 to 38 as well as sec. 40, the provisions of sec. 40 will prevail. This rationale has been upheld by the Hon'ble Benches of Mumbai Tribunal in the cases of SPACO Carburettors (1) Ltd. Vs ACIT (ITAT, Mum) 3 SOT 798 and V Kay Translines (P) Ltd. Vs ITO 2011-TIOL-318-ITAT-MUM. Therefore, I uphold the order of the CPC u/s 143(1) disallowing 30% of the amount paid to the contractor without deduction of tax for violating the provisions of section 40(a)(ia) r.w.s. 194C(1). The appellant's appeal on this ground is therefore dismissed." 6. None appeared on behalf of the assessee. 7. Since the facts of the present case lies in a narrow domain, we proceed to adjudicate the issue with the assistance of the learned D....