GLOBAL GREEN COMPANY LTD.,GURGAON V. DCIT, CIRCLE- 10(1), NEW DELHI

MA 231/DEL/2024

AI Insights

The case involves Global Green Company Ltd., which filed applications under Section 254(2) of the Income Tax Act, 1961, concerning the assessment years 2012-13 and 2015-16. The applications pertain to the non-adjudication of an additional ground of appeal regarding the deduction of costs amounting to Rs.9,04,80,947 for exports rejected by the USA and Canada. These costs were initially charged to the profit & loss account as an exceptional item. The tribunal acknowledged that this additional ground had escaped the attention of the bench during previous considerations and thus required a separate adjudication.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 828698 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 06-06-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA
• Assessee Lawyers: ANKIT AGGARWAL
• Section: 143(3)

Judgement Text

"P a g e | 1 MA Nos. 230 & 231/Del/2024 Global Green Company (AYs: 2012-13 & 2015-16) IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, DELHI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER & SHRI ANUBHAV SHARMA, JUDICIAL MEMBER M.A. Nos. 230 & 231/Del/2024 Arising out of ITA No.3911/Del/2018 Arising out of ITA No.3899/Del/2019 (Assessment Years:2012-13 & 2015-16) Global Green Company Ltd., No. 447, Sri Sai Heights, 17th Main, 17th Cross, HSR Layout, Sector 4, Bangalore, Karnataka – 560 102 Vs. DCIT, Circle-10(1) New Delhi \u0001थायीलेखासं./जीआइआरसं./PAN/GIR No: AAACR0635H Appellant .. Respondent Appellant by : Sh. Ankit Aggarwal, Adv. Respondent by : Sh. Manish Gupta, Sr. DR Date of Hearing 28.11.2025 Date of Pronouncement 14.01.2026 Printed from counselvise.com P a g e | 2 MA Nos. 230 & 231/Del/2024 Global Green Company (AYs: 2012-13 & 2015-16) O R D E R PER ANUBHAV SHARMA, JM: The applications in hand have been filed under Section 254(2) of the Income Tax Act, 1961 and on hearing both sides we find that the assertion of the assessee is not non-adjudication of additional ground of appeal in relation to not allowing of deduction of cost incurred amounting to Rs.9,04,80,947/- towards rejection of exports made to USA and Canada charged to profit & loss account as exceptional item. This additional ground application was filed separately and thus, it appears to have escaped attention of the Bench. 2. Apart from that Ld. Counsel has also pointed out certain clerical errors in para 1 same stand corrected and para 1 shall be read as follows: “These are appeals preferred by the Assessee against the orders of the Commissioner of Income Tax (Appeals) (hereinafter referred to as Ld. First Appellate Authority or ‘the ld. FAA’ for short) in appeals filed before it against the orders of the ld. Assessing Officer (hereinafter referred to as the Ld. AO, for short). Further details of the orders of the lower authorities are as under: ITA No. CIT(A) who passed the order Appeal No. & Date of order of CIT(A) AO who passed the assessment order & date of order Section of the IT Act under which the AO passed the order 3898/Del/2019 CIT(A)-22, New Delhi 39/18-19/CIT(A)-22 dated 23.02.2019 DCIT, Circle-10(1), New Delhi, date 17.03.2015 147 r.w.s 143(3) 3899/Del/2019 CIT(A)-22, New Delhi 40/18-19/CIT(A)-22, date 27.02.2019 DCIT, Cir.10(1), New Delhi, date 21.12.2017 143(3) 3910/Del/2018 CIT(A)-35, New Delhi 437/16-17, date DCIT, Cir.-10(1), 143(3) r.w.s 147 Printed from counselvise.com P a g e | 3 MA Nos. 230 & 231/Del/2024 Global Green Company (AYs: 2012-13 & 2015-16) 28.02.2018 New Delhi, date 21.03.2016 3911/Del/2018 -Do- 438/16-17, date 28.02.2018 DCIT, Cir. 10(1), New Delhi date- nil 143(3) r.w.s 144C 3912/Del/2018 -Do- 439/16-17; date 28.02.2018 -Do- 143(3) 3913/Del/2018 -Do- 456/16-17; date 28.02.2018 -Do- -Do- 3. The same stand incorporated in the tile as required. In the light of the aforesaid the application in hand is allowed. Registry is directed to list the appeal for hearing in adjudication of additional ground of appeal filed by the assessee on 07.12.2023 in terms of the aforesaid the application is allowed. Order pronounced in the open court on 14.01.2026 Sd/- (M Balaganesh) Sd/- (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 14.01.2026 Rohit, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com "