TMI Blog2023 (4) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... oses. - ITA No.166/LKW/2022 - - - Dated:- 6-4-2023 - Shri Sudhanshu Srivastava, Judicial Member For the Appellant : Shri Sandeep Jain, CA For the Respondent : Shri Harish Gidwani, DR ORDER This appeal is preferred by the assessee against the order dated 29.07.2022 passed by National Faceless Appeal Centre (NFAC), Delhi for A.Y. 2017-18. 2. Brief facts of the case are that the assessee is engaged in Civil Contract work and the return of income was filed, declaring total income of Rs.22,23,380/-and agricultural income of Rs.71,715/-. The assessee had declared his income from business u/s. 44AD of the Income Tax Act, 1961 (hereinafter called the Act ) and had also claimed as deduction an amount of Rs.16,61,550/- u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal, challenging the impugned order by raising the following grounds of appeal: 1. Because the learned CIT(A), NFAC ought not to have passed the appellate order ex-parte and dispose the appeal without hearing the assessee. 2. Because the learned CIT(A), NFAC erred in law and on facts in confirming addition of Rs. 16,61,550/- made by the learned assessing officer to the total Income returned by the assessee. 3. Because the learned CIT(A), NFAC ought not to have confirmed the action of the learned assessing officer treating interest expense of Rs.16,61,550/- as business expenditure incurred in relation to business income which has been offered to tax by the assessee u/s 44AD of the Income Tax Act, 1961. 4. Because the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le law and without application of mind. 9. Because the learned CIT(A), NFAC ought to have directed the learned assessing officer not to charge interest u/s 234A and 234B as the assessee is not liable for such interest. 10. Because the CIT(A), NFAC did not allow the appellant sufficient opportunity to make compliance of the reasons relied upon for confirming disallowances and additions to income returned by the assessee. 11. Because the order appealed against is contrary to the fact, law and principles of natural justice. 12. Any other ground that may be taken at the time of hearing. 5. At the outset, the ld. Authorized Representative submitted that both the assessment order as well as the impugned order had been pas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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