Hisp India Info Systems P Ltd. , Delhi V. Ward 5(1) , Gautam Budh Nagar

ITA 50/DEL/2022

AI Insights

The case involves Hisp India Info Systems Pvt. Ltd., which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, concerning the assessment year 2016-17. The primary issue in the appeal was the adjustment of Rs.4,008,013 under section 143(1) of the Income Tax Act, due to the alleged incomplete details of 'other expenses' in the original return of income filed on 14.10.2016. The assessee contended that a revised return with complete details was filed, but it was neither processed nor acted upon by the Central Processing Centre (CPC), Bengaluru, or the AO, leading to an unjust outcome. The Tribunal, in the interest of justice and fair play, restored the matter to the AO for a fresh examination.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116064 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-08-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 09-01-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAKESH GUPTA
• Keywords: Revised return
• Section: 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER ITA No.50/Del/2022 Assessment Year: 2016-17 Hisp India Info Systems Pvt. Ltd. C/o RRA Tax India, D0-28, South Extension Part- 1, Delhi-110049 PAN No.AADCH3385B Vs Ward- 5 (1) Gautam Budh Nagar (APPELLANT) (RESPONDENT) Appellant by Dr. Rakesh Gupta, Advocate Sh. Somil Aggarwal, Advocate Respondent by Sh. Vivek Upadhyay, Sr DR Date of hearing: 08/08/2023 Date of Pronouncement: 08/08/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order dated 28.11.2021 by NFAC, Delhi pertaining to A.Y. 2016-17. 2. The only effective issue in this appeal is against the adjustment of Rs.4,008013/- made u/s. 143 (1) of the Act on the 2 ground that break up of other expenses of Rs.4008013/- were not given in the return of income. 3. The bone of contention is the return of income filed on 14.10.2016 u/s. 139 (1) of the Act. In the said return under the head ‘other expenses’ at items No.38 the assessee has mentioned amount of Rs.4008013/-. This return was processed and because complete details were not given the amount was added while processing the return. 4. However, the assessee claimed to have filed a revised return of income in which at item 38 complete bifurcation of other expenses have been mentioned. But it seems that this return was neither processed nor any action has been taken by CPC, Bengaluru or by the AO. This has resulted into injustice to the assessee. 5. In the interest of justice and fair play we deem it fit to restore this issue to the files of the AO. The assessee is directed to furnish complete details of other expenses and the AO is directed to examine / verify the same and decide the issue afresh as per the provisions of the law. 6. In the result, the appeal of the assessee is allowed for statistical purpose. 3 7. Decision announced in the open court 08.08.2023. Sd/- Sd/- [YOGESH KUMAR US] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: .08.2023 *Neha* Copy forwarded to: 1. Appellant 2. Respondent 3. CITi 4. CIT(A) 5. DR Asst. Registrar ITAT, New Delhi