Vaayu (India) Power Corporation Pvt Ltd. vs DCIT, Circle – 3(3)(1)

Parties Involved

Facts Summary

The present appeal has been filed by Vaayu (India) Power Corporation Pvt Ltd. challenging the order passed by the National Faceless Appeal Centre (NFAC) / CIT(A) on 31.03.2025 under section 250 of the Income Tax Act, 1961 for the assessment year 2018-19. The assessee raised several grounds of appeal, including the ex-parte nature of the order and the disallowance of professional fee expense of Rs 35,09,032/-. The Assessing Officer (AO) disallowed the professional fee expense due to a discrepancy between Form 26AS and the total professional fees claimed by the assessee. The assessee argued that the disallowance was erroneous as the TDS was deducted but not paid to the credit of the Central Government prior to the date of filing the return of income.…

Legal Issues

• 1. Whether the Ld. Commissioner of Income Tax (Appeals) erred in passing an ex-parte order without affording sufficient opportunities to the appellant.
• 2. Whether the disallowance of professional fee expense of Rs 35,09,032/- was justified.

Judgment Outcome

Decided in favour of Assessee.

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