DCIT, INCOME TAX OFFICE, NOIDA V. JE ENERGY VENTURES PVT. LTD.(FORMERLY KNOWN AS JUBILIANT ENPRO (P) LTD.), NOIDA

MA 314/DEL/2025

AI Insights

The case involves the Deputy Commissioner of Income Tax (DCIT) as the applicant/revenue and JE Energy Ventures P. Ltd. as the respondent. The Revenue filed a miscellaneous application seeking rectification of a mistake or recalling of an order related to various disallowances and additions made in the assessment year 2007-08. The issues included disallowances under section 14A, deductions for education expenses under section 37(1), disallowances of bad debts under section 36(1)(vii), and additions related to duty credit scrips. The Hon'ble Delhi High Court had previously remanded some issues back to the Assessing Officer and the ITAT, while dismissing others, which led to the dismissal of the Revenue's application as it was deemed infructuous based on the existing judicial decisions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 792084 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-12-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 29-08-2025
• Laws Referred To: Section 14A, Section 37(1), Section 36(1)(vii)
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH
• Assessee Lawyers: ADITYA VOHRA
• Keywords: Question of law; Bad and doubtful debts; Rectification of order
• Section: 14A

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “C”, NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI SUDHIR PAREEK, JUDICIAL MEMBER MA No.314/Del/2025 (in ITA No.3198/Del/2011) (Assessment Year : 2008-09) DCIT, vs. JE Energy Ventures P. Ltd., Noida Plot No.1A, Sector 16A, Institutional Area, Noida – 201 301 (Uttar Pradesh). (PAN : AAACE0653L) (APPLICANT) (RESPONDENT) APPLICANT/REVENUE BY : Shri Om Prakash, Sr. DR ASSESSEE BY : Shri Aditya Vohra, Advocate Shri Tanmay Dhakras, Advocate Date of Hearing : 12.12.2025 Date of Order : 12.12.2025 O R D E R PER SUDHIR PAREEK, AM: 1. Applicant/Revenue (hereinafter referred to as ‘the Revenue’) filed the present misc. application against the order of the Tribunal in ITA No.3197/Del/2011 for Assessment Year 2007-08 for rectification of mistake/recalling of the impugned order dated 28.02.2025. 2. Against the order of the ITAT, Revenue preferred an appeal before the Hon’ble Delhi High Court on the issues of section 14A disallowance, education expenses deduction, bad debts disallowance u/s 36(1)(vii) and addition relating to duty credit scrips. It is Printed from counselvise.com 2 MA No.314/Del/2025 brought to our notice the relevant order of Hon’ble Delhi High Court. Hon’ble Delhi High Court remanded the issue of section 14A to the Assessing Officer. With regard to education expanses deduction claimed u/s 37(1), Hon’ble High Court has framed the question of law and admitted the same, pending before the Hon’ble High Court. With regard to bad debts, disallowance u/s 36(1)(vii), Hon’ble High Court has remanded the issue back to the ITAT and to decide the issue as per law. With regard to addition relating to duty credit scripts, Hon’ble High Court dismissed the ground raised by the Revenue. 3. Considered the above facts on record, the present misc. Application filed by the Revenue is infructuous based on the above facts available on record. 4. In the result, the misc. application filed by the Revenue is dismissed. Order pronounced in the open court on this 12th day of December, 2025 SD/- SD/- (S.RIFAUR RAHMAN) (SUDHIR PAREEK) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 12.12.2025 TS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "