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2023 (4) TMI 996 - ITAT CHENNAIValidity of notice u/s 143(2) - transfer of jurisdiction from ACIT to JCIT - notice u/s. 143(2) was issued by the ld. ACIT, Business Circle-7, Chennai, but the assessment order is signed by the ld. JCIT, Range-VII, Chennai - HELD THAT:- As there remains no dispute to the fact that the jurisdiction was transferred from ACIT to JCIT vide order dated 26.08.2013 and therefore, notice issued u/s.143(2) of the Act is a valid notice, issued by the Assessing Officer having jurisdiction over the assessee and similarly the assessment proceedings has also been carried out by the Assessing Officer having jurisdiction over the assessee. Therefore all the additional grounds raised by the assessee challenging the validity of assessment proceedings are dismissed. Addition of proportionate interest payment on borrowed funds, commission payment, sale promotion disallowance, and travelling expenses issues relating to disallowance of all these expenses is hereby restored to the file of the ld. CIT(A), who shall call for remand report on all these issues for which a fair opportunity shall be provided to the assessee, who shall not take unnecessary adjournments unless otherwise required for and furnish necessary details and in absence thereby, ld. CIT(A) can decide in accordance with law by way of passing a speaking order. Expenses claimed towards service tax penalty the disallowance is confirmed as alleged sum being penalty in nature is not allowable as expenditure u/s. 37. Additional grounds raised by the assessee are dismissed and the grounds raised on merits are partly allowed for statistical purposes.
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