J.S.S. Steelitalia Ltd., Gurgaon V. DCIT, New Delhi

ITA 2631/DEL/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1890 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 09-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 13

Judgement Text

ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 1 OF 24 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: E: NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 2631/DEL/2016 ( ASSESSMENT YEAR: 2012-13) J.S.S. STEELITALIA LIMITED WELLDONE TECHPARK, UNIT NO. 301, 3 RD FLOOR, SECTOR- 48, SOHNA ROAD, GURGAON- 122018. VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, GURGAON. PAN NO: AABCJ8018M APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. RAKHI VIMAL, SR. DR ORDER PER ANADEE NATH MISSHRA, AM [A] THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED APPELLATE ORDER DATED 19.02.2016 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-1, GURGAON, [IN SHORT, LD.CIT(A)] PERTAINING TO ASSE SSMENT YEAR 2012-13. THE ASSESSEE HAS RAISED FOLLOWING GROUNDS OF APPEAL:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE COMMISSIONER OF INCOME TAX (APPEAL) ERRED IN CONFIRMING THE ADDITIO N / DISALLOWANCE OF FINANCE LEASE INSTALLMENTS PAID BY THE COMPANY OF R S. 1,52,31,251/- BY THE LEARNED ASSESSING OFFICER. ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 2 OF 24 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE DISALLOWANCE / ADDITION OF RS. 1,52,31,251/- MADE BY THE ASSESSING OFFICER IS ERRONEOUS AND CONTRARY TO THE PROVISIONS OF LAW AND THE CIT(A) SH OULD HAVE DELETED THE SAME. 3. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, MODIFY ONE OR MORE GROUND OF APPEAL BEFORE OR AT THE TIME OF APPEAL. [B] VIDE ASSESSMENT ORDER DATED 05.02.2015 PASSED UNDE R SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). THE RELE VANT PORTION OF THE ASSESSMENT ORDER DATED 05.02.2015 IS REPRODUCED AS UNDER:- ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 3 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 4 OF 24 [C] THE ASSESSEE FILED APPEAL BEFORE THE LD. CIT(A). V IDE IMPUGNED APPELLATE ORDER DATED 19.02.2016, THE LD. CIT(A) PARTLY ALLOWED THE ASSESSEES APPEAL. THE RELEVANT PORTION OF THE ORDER OF THE LD. CIT(A) IS REPRODUCE D AS UNDER: ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 5 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 6 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 7 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 8 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 9 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 10 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 11 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 12 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 13 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 14 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 15 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 16 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 17 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 18 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 19 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 20 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 21 OF 24 ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 22 OF 24 [D] THIS PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE AFORESAID IMPUGNED APPELLATE ORDER DATED 19.02.2016 OF THE LD . CIT(A). AT THE TIME OF HEARING, REVENUE WAS REPRESENTED BY MS. RAKHI VIMAL, THE LEA RNED SENIOR DEPARTMENTAL REPRESENTATIVE (LD. SR. DR, FOR SHORT). HOWEVER, NONE WAS PRESENT FROM THE ASSESSEES SIDE. IN THE ABSENCE OF ANY REPRESENTA TION FROM ASSESSEES SIDE, AT THE TIME OF HEARING BEFORE US, WE HEARD THE LD. SR. DR; WHO RELIED UPON THE ORDER DATED 05.02.2015 OF THE ASSESSING OFFICER AND THE AFORESA ID IMPUGNED ORDER DATED 19.02.2016 OF THE LD. CIT(A). AFTER PERUSAL OF THE MATERIALS ON RECORD, INCLUDING THE ORDER OF THE AO AND THE AFORESAID IMPUGNED ORDER DA TED 19.02.2016 OF THE LD. CIT(A), WE FIND THAT THE LD. CIT(A) HAS PASSED SPEAKING ORD ER ON MERITS. RELEVANT PORTION OF THE IMPUGNED ORDER OF THE LD. CIT(A) HAS ALREADY BE EN REPRODUCED IN FOREGOING PARAGRAPH [C] OF THIS ORDER. WE FIND THAT THE LD. CIT(A) HAS GIV EN DETAILED REASONS FOR HIS DECISION ON MERITS IN THE AFORESAID IMPUGNED AP PELLATE ORDER DATED 19.02.2016 OF LD. CIT(A). DURING APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) NO MATERIAL HAS BEEN BROUGHT FOR OUR CONSIDE RATION TO PERSUADE US TO TAKE A VIEW DIFFERENT FROM THE VIEW TAKEN BY THE LD. CIT(A) IN THE IMPUGNED ORDER ON MERIT. AFTER HEARING THE LD. SR. DR AND AFTER PERUSAL OF MATERIA LS ON RECORD, AND FURTHER, IN VIEW OF THE FOREGOING DISCUSSION, WE DECLINE TO INTERFERE W ITH THE AFORESAID IMPUGNED APPELLATE ORDER DATED 19.02.2016 OF LD. CIT(A), AND ACCORDING LY, THIS APPEAL IS DISMISSED. [E] BEFORE WE PART; WE EXPLICITLY CLARIFY THAT THE ASSESSEE WILL BE AT LIBERTY TO APPROACH ITAT FOR RESTORATION OF THE APPEAL IN ACCO RDANCE WITH PROVISO TO ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 23 OF 24 RULE 24 OF INCOME TAX (APPELLATE TRIBUNAL), RULES, 1963. IF THE ASSESSEE DOES APPROACH ITAT FOR RESTORATION OF THE APPEALS I N ITAT, THE MATTER WILL BE CONSIDERED IN ACCORDANCE WITH LAW HAVING REGARD TO THE FACTS AND CIRCUMSTANCES. [F] IN THE RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 09 /12/2019. SD/- SD/- (H.S. SIDHU) (ANADEE N ATH MISSHRA) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 09/12/2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 2631/DEL/2016. J.S.S. STEELITALIA LTD. PAGE 24 OF 24 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER