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Meera Road Lines Vs. ITO-2(1), Bhilai

Case No: ITA No. 310/RPR/2024
Court: Income Tax Appellate Tribunal, Raipur Bench
Date: 9/23/2024

Parties Involved

appellantMeera Road Lines
respondentThe Income Tax Officer-2(1), Bhilai (C.G.)

Facts Summary

Meera Road Lines, the assessee, filed an appeal against the order passed by the ADDL/JCIT(A)-6, Chennai dated 06.05.2024, which arose from the intimation issued by the Centralized Processing Centre (CPC)/A.O under Sec.143(1) of the Income-tax Act, 1961 for the assessment year 2019-20. The assessee firm had filed its return of income on 14.11.2019, declaring an income of Rs.87,490/-. The DCIT, CPC disallowed u/s. 40(a)(ia) of the Act the interest paid by the assessee firm to NBFCs aggregating to Rs.8,39,753/-. The assessee firm carried the matter in appeal before the CIT(Appeals) who principally concurred with the view taken by the A.O and upheld the disallowance u/s. 40(a)(ia) of the Act. The assessee firm then carried the matter in appeal before the tribunal.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the disallowance u/s.40(a)(ia) of the Act of assessee’s claim for deduction of interest paid to NBFCs is sustainable?
  • 2. Whether the assessee firm can be treated as an 'assessee in default'?

Judgment Outcome

Decided in favour of Assessee.

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Meera Road Lines Vs. ITO-2(1), Bhilai | ITA No. 310/RPR/2024 | 2024 | Opakhya