PP AUTO INNOVATORS,NEW DELHI V. DCIT, CIRCLE-36(1), DELHI

ITA 2424/DEL/2024

AI Insights

The case involves PP Auto Innovators appealing against the orders of the Assessing Officer, which were subsequently upheld by the NFAC, concerning the disallowance of deductions under section 80IC and the non-allowance of AMT credit for the assessment years 2017-18 and 2018-19. The primary contention was the incorrect dismissal of their claims by the NFAC, which led to the filing of these appeals. The Tribunal found merit in the assessee's argument that all required details had been provided, which the NFAC had overlooked, and thus decided to remand the case back to the NFAC for a fresh evaluation.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 34828 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 10-10-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 15-05-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANU KRISHNA AGARWAL
• Assessee Lawyers: VED JAIN
• Section: 143(3); 80IC; 80IC

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER ITA No. 2424 & 2425/Del/2024 (Assessment Year: 2017-18 and 2018-19) PP Auto Innovators, 231, Kalyan Vihar, New Delhi Vs. DCIT, Circle-36(1), Delhi (Appellant) (Respondent) PAN:AALFP4647H Assessee by : Shri Ved Jain, Adv Revenue by: Ms. Anu Krishna Agarwal, CIT DR Date of Hearing 10/10/2024 Date of pronouncement 10/10/2024 O R D E R PER BENCH: 1. The appeals in ITA No.2424 and 2425/Del/2024 for AY 2017-18 and 2018-19, arise out of National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. NFAC’, in short] dated 26.02.2024 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 29.12.2019 by the Assessing Officer, ACIT, Circle-36(1), New Delhi (hereinafter referred to as ‘ld. AO’). 2. At the outset, we find that both the appeals are delayed by 19 days. The assessee has filed a delay condonation petition together with an affidavit explaining the reasons for the delay. On going through the same, we are inclined to condone the delay in filing appeal and admit both the appeals for adjudication. ITA No. 2424 & 2425/Del/2024 PP Auto Innovators Page | 2 3. Identical issues are involved in both the appeals, hence, they are taken up together and disposed of by this common order for the sake of convenience. 4. Though, the assessee has raised several grounds, the only effective issue to be decided is with regard to disallowance of deduction u/s 80IC of the Act in addition to not allowing Alternative Minimum Tax (AMT) credit to the assessee. 5. We have heard the rival submissions and perused the material available on record. On going through the order the ld NFAC, Delhi we find that the appeals of the assessee were dismissed on the ground that no details were filed by the assessee in support of the claim of deduction u/s 80IC of the Act and the aspect of AMT credit. This is factually incorrect as assessee had duly furnished the entire details before the ld AO as well as before ld NFAC, which was ignored by the ld NFAC. Hence, we deem it fit and appropriate to restore these appeals to the file of the ld NFAC for de novo adjudication in accordance with law. Needless to mention that the assessee be given reasonable opportunity of being heard. The assessee is also at liberty to furnish fresh evidences, if any, in support of its contentions. Accordingly, grounds raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 10/10/2024. -Sd/- -Sd/- (VIMAL KUMAR) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 10/10/2024 A K Keot ITA No. 2424 & 2425/Del/2024 PP Auto Innovators Page | 3 Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi "