JCIT(OSD) CENTRAL CIRCLE-1, NEW DELHI V. PILOT INDUSTRIES LIMITED, DELHI

ITA 1081/DEL/2024

AI Insights

The case involves the Income Tax Department (Revenue) appealing against the decision of the CIT(A) which had favored Pilot Industries Limited, a company engaged in manufacturing and trading of lead products. The Revenue challenged the deletion of two significant additions made by the Assessing Officer: Rs. 1,62,77,910 for rebates and discounts, and Rs. 28,70,413 for interest expenses, both claimed under section 37 of the Income Tax Act. The CIT(A) had found that the Assessing Officer had not adequately justified these additions and that the expenses were in line with normal business operations and previous assessments.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 314429 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARPREET KAUR HANSARA
• Assessee Lawyers: AMIT GOEL
• Section: 143(3); 37; 2; 37(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘F’ BENCH, NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER, AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 1081/DEL/2024 [A.Y 2021-22] The J.C.I.T [OSD] Vs. Pilot Industries Limited Central Circle – 1 SS 2 & 3, 2nd Floor, New Delhi Aditya Mega Mall, CBD Ground Dist. [KKD], Delhi PAN – AAACP 0655 R (Appellant) (Respondent) Assessee By : Shri Amit Goel, CA Pranav Yadav, ADv Department By : Ms. Harpreet Kaur Hansara, Sr. DR Date of Hearing : 05.05.2025 Date of Pronouncement : 05.05.2025 ORDER PER NAVEEN CHANDRA, AM :- This appeal by the Revenue is directed against the order of the ld. CIT(A)-23, New Delhi dated 03.01.2024 for A.Y 2021-22. 2 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] 2. The grounds raised by the Revenue read as under: “1. The ld. CIT(A) has erred in deleting the addition of Rs. 1,62,77,910/- on account of rebate and discount u/s 37 of the Act. 2. The ld. CIT(A) has erred in deleting the addition of Rs.28,70,413/- on account of interest expenses u/s 37 of the Act.” 3. Brief facts of the case are that the assessee is engaged in business of manufacturing and trading of lead alloys and bars, lead oxide and battery plates and services. The assessee claimed expenditure under the head rebate and discount amounting to Rs. 1,62,77,910/-. The Assessing Officer disallowed the same on the reasoning that the assessee’s non- compliance to the information requested in the notices and failure to provide reasonable explanation with documentary evidence. The assessee was also asked to furnish documentary evidence for explaining how rebates and discounts are allowable expenditure by submitting gross and net sales/turnover details. 3 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] 4. Not finding the explanation furnished by the assessee to be satisfactory, the Assessing Officer disallowed the entire expenses claimed u/s 37(1) of the Act amounting to Rs. 1,62,77,910/- being under the head rebate and discount and added back an amount of Rs. 28,70,413/- being interest paid u/s 37 of the Act to the income of the assessee. 5. Aggrieved, the assessee went in appeal before the ld. CIT(A) and was successful. 6. The ld. counsel for the assessee relied upon the order of the first appellate authority. 7. Per contra, the ld. DR relied upon the orders of the Assessing Officer. 8. We have heard the rival submissions and have perused the relevant material on record. We find that the ld. CIT(A) came to the conclusion that there was no justification in the addition of Rs. 1,62,77,910/-. The ld. CIT(A) was of the opinion that firstly, the Assessing Officer never asked for details and the assessee has submitted complete details of 4 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] rebate and discount expenses. The ld. CIT(A) also observed that the business involving retail of goods rebate and discount are normal and to promote sales, it is normal in the business to offer discounts to the retailers. The ld. CIT(A) also observed that in earlier years, similar expense was allowed in assessment made u/s 143(3) of the Act. Further, the ld. CIT(A) gave a finding of fact that he Assessing Officer did not bring any evidence even in a single instance that the claim was not genuine. Accordingly, the ld. CIT(A) directed the Assessing Officer to delete the addition of Rs. 1,62,77,910/-. 9. We find no tangible reason to interfere with the findings of the ld. CIT(A) and dismiss Ground No. 1 on this count. 10. With regard to interest expense of Rs. 28,70,413/-, the ld. CIT(A) observed that interest on unsecured loan, interest paid on loan and vehicle loan were for the purpose of business and the Assessing Officer himself had accepted the genuineness of the loans. Holding that the disallowance of interest cannot be sustained, the ld. CIT(A) directed the Assessing Officer to delete the addition of Rs. 28,70,413/-. 5 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] 11. We find that the ld. CIT(A) was justified in deleting the addition of Rs. 28,70,413/-. Hence, we decline to interfere with the same. Ground No. 2 also stands dismissed. 12. In the result, appeal of Revenue in ITA No. 1081/DEL/2024 is dismissed. Order pronounced in open court on 05.05.2025. Sd/- Sd/- [SATBEER SINGH GODARA] [NAVEEN CHANDRA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 05th MAY, 2025. VL/ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) Asst. Registrar, 5. DR ITAT, New Delhi 6 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] Sl No. PARTICULARS DATES 1. Date of dictation of Tribunal Order 2. Date on which the typed draft Tribunal Order is placed before the Dictation Member 3. Date on which the typed draft Tribunal Order is placed before the other Member 4. Date on which the approved draft Tribunal Order comes to the Sr. P.S./P.S. 5. Date on which the fair Tribunal Order is placed before the Dictating Member for pronouncement 6. Date on which the signed order comes back to the Sr. P.S./P.S 7. Date on which the final Tribunal Order is uploaded by the Sr. P.S./P.S. on official website 8. Date on which the file goes to the Bench Clerk alongwith Tribunal Order 9. Date of killing off the disposed of files on the judiSIS portal of ITAT by the Bench Clerks 10. Date on which the file goes to the Supervisor (Judicial) 11. The date on which the file goes for xerox 12. The date on which the file goes for endorsement 13. The date on which the file goes to the Superintendent for checking 14. The date on which the file goes to the Assistant Registrar for signature on the Tribunal order 15. Date on which the file goes to the dispatch section 7 ITA No. 1081/DEL/2024 Pilot Industries [A.Y 2021-22] 16. Date of Dispatch of the Order "