M/S. DANIELI INDIA LIMITED,NORTH TWENTY FOUR PARGANAS V. DCIT, CIRCLE - 1(1), KOLKATA

ITA 2678/KOL/2024

AI Insights

The case involves M/s Danieli India Limited, the appellant, contesting an order passed by the Assessing Officer under sections 143(3), 144C(13), and 144B of the Income Tax Act, which pertained to the assessment year 2021-2022. The primary contention in the appeal was related to the Transfer Pricing adjustments and the addition concerning leave encashment. The Tribunal noted that the appellant's counsel did not provide valid reasons for an adjournment and appeared not in uniform, leading the Tribunal to proceed with an ex-parte hearing. The Departmental Representative supported the TPO's order, emphasizing compliance with the DRP's directions and the thorough consideration of the issues raised.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 714718 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAVEEN KISHORE
• Assessee Lawyers: RIYA SHAH

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER ITA No.2678/KOL/2024 (निर्धारण वर्ा /Assessment Year : 2021-2022) M/s Danieli India Limited Technopolis, 5th Floor, B Wing Block BP, Plot No.-IV, Sec-V, Salt Lake, Sech Bhawan S.O., Salt Lake, North 24 Parganas West Bengal-700091 Vs DCIT, Circle-1(1), Kolkata PAN No. :AABCG 5359 E (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by : Ms. Riya Shah, CA रधजस्व की ओर से /Revenue by : Shri Praveen Kishore, CIT-DR सुनवाई की तारीख / Date of Hearing : 05/08/2025 घोषणा की तारीख/Date of Pronouncement : 05/08/2025 आदेश / O R D E R Per George Mathan, JM: This is an appeal filed by the assessee against the order passed by the ld.AO passed u/s.143(3) r.w.s.144C(13) r.w.s.144B of the Act, dated 25.10.2024. 2. When the matter was called call upon for hearing, an adjournment application has been filed which reads as under :- Printed from counselvise.com ITANo.2678/Kol/2024 2 3. The counsel who appeared, namely, Ms. Riya Shah, CA on the online mode was not in uniform also. Repeated instructions have been issued that counsels who appear in the court are to be in uniform. This is also a part of SOP provided. Consequently, as it is noticed that the adjournment application does not give valid reasons for the adjournment and as the counsel was not in uniform, the appeal is being heard ex-parte. 4. Ld.CIT-DR was requested to make his submissions and he vehemently supported the order of the Assessing Officer. It was the submission that the ld. DRP had directed the Assessing Officer to reverify the computation after taking the correct financials of the comparable companies into consideration and rectify the computational errors, if any. The ld. Assessing Officer has given multiple opportunities as is evident from the assessment order and the direction of the DRP has been followed substantially by the TPO. In page 5 of the order, the Assessing Officer has also considered the directions and has reduced the TP adjustment from Rs.19.80 crores to Rs.15.26 crores. In regard to the addition in respect of leave encashment the same has been considered in depth in para 7 &8 at pages 6 & 7 of the order. The assessee has not been able to dislodge any of the findings of fact as has been discussed by the TPO. As the assessee has not been able to dislodge any of the findings of fact, we are of the view that the findings as arrived at by the TPO does not call for any interference. Consequently, the order of the ld. TPO stands upheld. Printed from counselvise.com ITANo.2678/Kol/2024 3 5. In the result, appeal of the assessee is dismissed. Order dictated and pronounced in the open court on 05/08/2025. Sd/- (RAKESH MISHRA) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 05/08/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// Printed from counselvise.com "