2024 (11) TMI 1671

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....Mehrotra For the Respondent : Gaurav Mahajan ORDER 1. We have have heard learned counsel appearing for the parties and perused the material on record. 2. This is an appeal under Section 260A of the Income Tax Act wherein the following substantial questions of law have been admitted by this Court :- (i) Whether the impugned ex-parte order dated 31.05.2022 passed by the Income T....

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....der of the Tribunal is sustainable in law as it has ignored the ration of decision of Hon'ble the Supreme Court in the case of Attar Singh Gurmukh Singh vs. State of Haryana and the Circular dated May 31, 1977 [(1977) 108 ITR (St.) 8] granting exemption from application of section 40A(3) of the Act, if the genuineness of the expenses incurred is not doubted? (iv) Whether the impugned ....

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....c. 6. We have also heard learned counsel appearing on behalf of the appellant on the merits of the case to some extent wherein it appears that the ex-parte order puts a liability of taxation of 75% of the gross income of the appellant. 7. Without actually going into merits of the case, we are of the view that this matter is required to be heard by the Tribunal as the Tribunal is the last aut....