Equiniti India Limited, Chennai V. ACIT CROP .CIRCLE 2(1), CHENNAI

ITA 501/CHNY/2023

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The case involves Equiniti India Private Limited, which appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning the assessment year 2017-18. The primary issue was the non-grant of a deduction claimed under section 10AA of the Income Tax Act for its SEZ Unit 1, amounting to INR 7,71,89,258. The Assessing Officer initially accepted the returned income without acknowledging the deduction claim. The CIT(A) dismissed the appeal on the grounds that the assessee did not file a revised return to claim the deduction. The Tribunal found that neither the Assessing Officer nor the CIT(A) had considered the issue on merits and thus remitted the matter back to the Assessing Officer.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135439 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 16-08-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 18-04-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Tax effect; Revised return; Set aside
• Section: 143(3); 10AA; 115JB; 250

Judgement Text

आयकर अपीलीय अिधकरण, ’सी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ŵी वी दुगाŊ राव Ɋाियक सद˟ एवं ŵी जी. मंजुनाथा, लेखा सद˟ के समƗ Before Shri V. Durga Rao, Judicial Member & Shri Manjunatha, G. Accountant Member आयकर अपील सं./I.T.A. No.501/Chny/2023 िनधाŊरण वषŊ/Assessment Years: 2017-18 Equiniti India Private Limited, DLF IT Park, Block 10, 8 th Floor, 1/124 Shivaji Gardens, Manapakkam, Mount Poonamallee Road, Ramapuram, Chennai 600 089. [PAN:AABCI 3514M] Vs. The Assistant Commissioner of Income Tax, Corporate Circle 2(1), Chennai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri Siddhesh Chaugule, Advocate ŮȑथŎ की ओर से/Respondent by : Shri P. Sajit Kumar, JCIT सुनवाई की तारीख/ Date of hearing : 17.08.2023 घोषणा की तारीख /Date of Pronouncement : 23.08.2023 आदेश /O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 21.02.2023 relevant to the assessment year 2017-18. The assessee has raised following grounds: Grounds of Appeal 1. General Equiniti India Private Limited ('Equiniti India' or 'the Appellant') submits that the Order dated 21 February 2023 passed by the Commissioner of Income-Tax, Appeals (CIT(A)'), National Faceless I.T.A. No. 501/Chny/23 2 Appeal Centre, Delhi under section 250 of the Income-tax Act, 1961 (the Act') is bad in law and is contrary to the facts and circumstances of the present case. The detailed grounds of appeal, including the position in law and facts is set out in the ensuing paragraphs. 2. Non-grant of deduction claimed under section 10AA of the Act for SEZ Unit 1 amounting to INR 7,71,89,258 (Tax effect - INR 2,67,13,658) 2.1 The Ld. CIT(A) has erred in not considering the fact that the Appellant was eligible to claim deduction under section 10AA of the Act for SEZ Unit 1 during the subject AY and had made such claim during the appellate proceedings. 2.2 The Ld. CIT(A) has erred in not granting the claim of deduction under section 10AA of the Act on the basis that such claim was made by way of other than filing income-tax return without appreciating the fact that appellate authorities have the power to allow claim of deduction made otherwise than by way of filing revised return. 3. The Appellant craves leave to add to or alter, by deletion, substitution or otherwise, any or all of the above grounds of appeal, and to submit such statements, documents and papers as may be considered necessary either at or at any time before the hearing of this appeal. Consequential Relief The Appellant prays that directions be given to grant all such relief arising from the grounds of appeal mentioned supra as also all consequential relief thereto, including and not limited to reinstatement of appropriate amount of taxable income. 2. Brief facts of the case are that the assessee filed its return of income for the assessment year 2017-18 on 29.11.2017 by admitting total income of ₹.7,20,07,300/- and book profit income of ₹.14,32,85,573/- under section 115JB of the Income Tax Act, 1961 [“Act” in short]. The case of the assessee has been selected for complete scrutiny under CASS. After following due procedures, the Assessing Officer has I.T.A. No. 501/Chny/23 3 completed the assessment under section 143(3) of the Act dated 26.11.2019 by accepting the returned income of the assessee without acknowledging the additional claim for deduction under section 10AA of the Act with respect to its SEZ unit I, which was filed on 22.11.2019. 3. The assessee carried the matter in appeal before the ld. CIT(A) against non-consideration of claim of deduction under section 10AA of the Act. By referring to various judgements, the ld. CIT(A) dismissed the appeal of the assessee by holding that the assessee has not filed any revised return of income for claiming the deduction under section 10AA of the Act. 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that neither the Assessing Officer nor the ld. CIT(A) decided the appeal of the assessee on merits and therefore, prayed that the issue may be remitted back to the file of the Assessing Officer and decide the issue on merits. 5. On the other hand, the ld. DR has submitted that the ld. CIT(A) has decided the issue involved in this appeal on merits and there is no need to remit the matter back to the file of the Assessing Officer and seriously objected to the submissions of the ld. Counsel. I.T.A. No. 501/Chny/23 4 6. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below including paper book and case law filed by the assessee. In this case, the assessment under section 143(3) of the Act was completed on 26.11.2019 accepting the returned income of the assessee. However, during the course of assessment proceedings, the assessee has made a claim of deduction under section 10AA of the Act on 22.11.2019 by filing Form 56F for SEZ Unit 1 in the income tax e-filing portal. However, the Assessing Officer has not considered the above claim of deduction under section 10AA of the Act and concluded the assessment. On appeal, while dismissing the appeal of the assessee the ld. CIT(A) has observed that merely filing of claim before the Assessing Officer will not entitle the assessee for 10AA deduction and in order to claim such deduction the assessee should have filed revised return for consideration. We have perused the assessment order and appellate order. In the appellate order, the ld. CIT(A) has simply referred to various case law and held that the assessee has not filed any revised return of income for claiming the deduction under section 10AA of the Act. Thus, neither the Assessing Officer nor the ld. CIT(A) have considered the issue on merits and therefore, in our considered opinion, the issue involved in this appeal has to be decided on merits by considering the facts and circumstances of the case in accordance with I.T.A. No. 501/Chny/23 5 law. Accordingly, we set aside the order passed by the ld. CIT(A) and remit the matter back to the file of the Assessing Officer to decide the claim of deduction under section 10AA of the Act on merits in accordance with law by affording an opportunity of being heard to the assessee. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 23 rd August, 2023 at Chennai. Sd/- Sd/- (MANJUNATHA, G.) ACCOUNTANT MEMBER (V. DURGA RAO) JUDICIAL MEMBER Chennai, Dated, 23.08.2023 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3.आयकर आयुƅ/CIT, 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF.