CEVA LOGISTICS INDIA PRIVATE LIMITED,MUMBAI V. DCIT, 1(1), GURGAON

ITA 4194/DEL/2024

AI Insights

The case involves Ceva Logistics India Pvt. Ltd., the appellant, challenging the Final Assessment Order for the Assessment Year 2020-21 passed by the Deputy Commissioner of Income Tax, Circle -1(1). The primary contention was that the assessment was completed based on the standalone return, without considering the assessee's request to hold the proceedings due to the ongoing process of filing a revised return post-merger. The revised return, which accounted for the merger, was filed on 24th June 2024, after the original return. The Tribunal found merit in the assessee's argument that the revised return should have been considered, leading to the setting aside of the original assessment order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772547 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2020-2021
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S.K. JADHAV
• Assessee Lawyers: ANANYA KAPOOR; BHAVESH
• Keywords: Set aside; Opportunity of being heard; Revised return
• Section: 139(5)

Judgement Text

"1 ITA No. 4194/Del/2024 Ceva Logistics India Pvt. Ltd. Vs. DCIT IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘H’ NEW DELHI) BEFORE S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No. 4194/Del/2024 (A.Y. 2020-21) Ceva Logistics India Private Limited The Qube-A-902/903, 9th Floor, M.V. Road, Marol, Andheri East Mumbai, Maharashtra, 400059 PAN: AABCT7326A Vs Deputy Commissioner of Income Tax-1(1) National E-Assessment Centre-Gurgaon, Haryana Appellant Respondent Assessee by Ms. Ananya Kapoor, Adv& Sh. Bhavesh Mehta, CA Revenue by Sh. S. K. Jadhav, CIT-DR Date of Hearing 06/08/2025 Date of Pronouncement 29/08/2025 ORDER PER YOGESH KUMAR, U.S. JM: This appeal is filed by the assesseepertaining to Assessment Year 2020-21 challenging the Final Assessment Order passed by Deputy Commissioner of Income Tax, Circle -1(1) dated 15/07/2024 u/s143(3) r.w. Section 144C(13) read with Section 144B of the Income Tax Act, 1961 ('Act' for short). 2. The sole contention of the Assessee’s Representative that the Ld. A.O. erred in completing the assessment proceedings based on the standalone return filed by the Assessee. The Ld. A.O, while passing the Final assessment Order, failed to consider the Assessee’s request Printed from counselvise.com 2 ITA No. 4194/Del/2024 Ceva Logistics India Pvt. Ltd. Vs. DCIT to keep the proceedings on hold as the Assessee was in the process of filing a revised return of income for the merged entity. The Assessee filed the revised return of income considering the impact of the merger on 24th June, 2024, which requires to be considered in view of the merger. Thus, sought for remanding the matter to the file of the A.O/TPO to consider the revised return and frame the de-novo assessment. 3. Per contra, the Ld. Department's Representative relying on the orders of the Lower Authorities, sought for dismissal of the Appeal. 4. Heard the parties, perused the material. The Final Assessment Order has been passed based on the original return filed by the Assessee. The Assessee filed revised return of income considering the impact of merger on 24/06/2024. It is not in dispute that the revised Income Tax Return supersedes the original return and the revised return shall be treated as final return filed by the Assessee u/s 139(5) of the Act. Considering the above facts and circumstances, we are of the opinion that if the matter is remanded the file of A.O./TPO for computing the actual tax liability of the Assessee with a direction to consider the revised return filed by the Assessee, substantial justice would be rendered. Accordingly, the impugned assessment order is hereby set aside and A.O./TPO is directed to consider the revised Printed from counselvise.com 3 ITA No. 4194/Del/2024 Ceva Logistics India Pvt. Ltd. Vs. DCIT return filed by the Assessee and pass de-novo assessment after providing opportunity of being heard to the Assessee. 5. In the result, Appeal of the Assessee is partly allowed. Order pronounced in the open court on 29th August, 2025 Sd/- Sd/- (S. RIFAUR RAHMAN) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 29.08.2025 R.N, Sr.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "