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Deputy Commissioner of Income Tax Versus Duncans Industries Ltd.

2015 (12) TMI 26 - ITAT KOLKATA

Legal right to the AO for opportunity of being heard at the time of hearing appeal - Held that:- AO has not been given notice of hearing by Ld. CIT(A) as is required by the provision of Sec. 250(1) of the Act. So in view of the above factual position, we restore the matter to the Ld. CIT(A) with a direction to complete the appellant proceedings within a period not exceeding three months from the date of service of the order. It is also not out of place to mention that the notice should be served .....

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Tax (Appeals)-IV, Kolkata in appeal No.185/CIT(A)-IV/06-07 dated 09.04.2008. Assessment was framed by ACIT, Circle-4, Kolkata u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') vide his order dated 29.12.2006 for assessment year 2004-05. Revenue has following grounds of appeal:- "1. That the Ld. CIT(A) has erred in deleting the addition made by the A.O to the tune of ₹ 33,309/-. The addition was made on account of club expenses. 2. That the Ld. CIT( .....

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eleting the disallowance of claim of interest on borrowing ₹ 2,02,54,000/-. Since no provision in the Profit & Loss A/c. was made A.O disallowed by stating that when the interest amount is not ascertainable there can be no quantification of interest. 5. That the Ld. CIT(A) had erred in deleting the addition of ₹ 9,58,86,086/- on account of notional interest. Assessee had given loans to certain companies/persons and did not charge any interest. A.O calculated the interest at the r .....

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read with Sec. 36(1)(va) 8. Ld. CIT(A), Kolkata had erred in facts by stating that none appeared for department when no notice u/s. 250(1) was served on the A.O." Shri D.S.Damle, Ld. Authorized Representative appearing on behalf of assessee and Shri Niraj Kumar, Ld. Departmental Representative appearing on behalf of Revenue. 2. At the outset, Ld. DR submitted that Ld. CIT(A) has passed order in contravention of Sec. 250(2) of the Act and stated that the AO has not been given the opportunity .....

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