2025 (3) TMI 1958

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ri Surender Pal, CIT DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.318/Del/2017 for AY 2013-14, arises out of the order of the Commissioner of Income Tax (Appeals)-24, New Delhi [hereinafter referred to as 'ld. CIT(A)', in short] dated 25.11.2016 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 27.03.20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cord. 3. The only issue contested in the appeal by the assessee is disallowance made under section 14A of the Act. The additional ground raised by the assessee goes to the root of the matter and hence the same is hereby admitted and taken up for adjudication. 4. We have heard the rival submissions and perused the materials available on record. A search and seizure action under section 132 of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....uld be earned. Accordingly, he proceeded to disallow expenses under section 14A of the Act read with rule 8D(2) of the Rules in the sum of Rs 4,26,018/-. The assessee had made suo moto disallowance of expenses of Rs 1,83,483/- in the return of income and after reducing the same, the disallowance of Rs 4,26,018/- was worked out by the learned AO. The learned CITA observed that the disallowance made....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mes void ab initio as the jurisdictional notice under section 143(2) of the Act was issued beyond the prescribed time limit provided in the statute. Reliance in this regard was rightly placed by the learned AR on the decision of the Hon'ble Supreme Court in the case of ACIT Vs Hotel Blue Moon reported in 321 ITR 362 (SC). Respectfully following the same, we allow the additional grounds raised by t....