ITA No.275-277/Coch/2023

Parties Involved

Facts Summary

The Assessing Officer made the assessment by disallowing the plot rent paid to Cochin Port Trust as not eligible for deduction as business expenditure. The assessee had filed an appeal before the CIT(A), but none appeared on behalf of the assessee before the CIT(A), and therefore, the CIT(A) had dismissed the appeal ex parte. The assessee filed the present appeal challenging the ex parte order of the CIT(A). The common grounds of appeal raised in all these assessment years were: 1) The Appellant could not represent the matter before the CIT(A) due to unavoidable contingent situations. 2) The order of the assessing officer is bad in law and opposed to facts and circumstances of the case. 3) The assessing officer has gone wrong in disallowing the plot rent paid to Cochin Port Trust in the computation of income from property. 4) The issue on storage charges which is the major disallowance in the assessment has not been covered in the previous decisions of the ITAT, Cochin. 5) The assessing officer has gone wrong in disallowing Rs.17,75,745/- invoking the provisions of Section 40 (a) (ia).…

Legal Issues

• 1. The Appellant could not represent the matter before the CIT(A) due to unavoidable contingent situations.
• 2. The order of the assessing officer is bad in law and opposed to facts and circumstances of the case.
• 3. The assessing officer has gone wrong in disallowing the plot rent paid to Cochin Port Trust in the computation of income from property.
• 4. The issue on storage charges which is the major disallowance in the assessment has not been covered in the previous decisions of the ITAT, Cochin.
• 5. The assessing officer has gone wrong in disallowing Rs.17,75,745/- invoking the provisions of Section 40 (a) (ia).

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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