Vijay Kumar Mahawar vs. ACIT/DCIT

Parties Involved

Facts Summary

The assessee filed a return of income declaring a total income of Rs.39,33,600/-. The case was selected for scrutiny assessment by the Commissioner of Income Tax (Appeals), National Faceless Appeal Center, Delhi. The assessment order was passed on 25/12/2019, disallowing Rs.19,86,367/- under section 40(a)(ia) of the Income Tax Act, 1961, and disallowing interest expenses of Rs.2,29,383/-. The assessee appealed against this order, which was dismissed ex-parte by the Commissioner of Income Tax (Appeals) on 18/05/2023. The assessee then filed an appeal with the Income Tax Appellate Tribunal, seeking to overturn the disallowance and the ex-parte dismissal.…

Legal Issues

• 1. Disallowance of 30 percent of interest amounting to Rs.19,86,367/- without considering facts and circumstances of the case.
• 2. Assessment of interest under sections 234B and 234C by the Commissioner of Income Tax.
• 3. Delay in filing the appeal and request for condonation of delay.

Judgment Outcome

Decided in favour of Assessee.

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