RAISEN MARKETING P LTD,BHOPAL V. THE ADIT CPC , BGHOPAL

ITA 157/IND/2023

AI Insights

The case involves Raisen Marketing Private Ltd., which appealed against the order of the Commissioner of Income-Tax (Appeals) - NFAC, Delhi, arising from an intimation of assessment under section 143(1) of the Income-tax Act, 1961, for the Assessment Year 2020-21. The primary contention was the denial of credit for TCS and TDS, and the legality of certain additions and adjustments made by the AO. The Tribunal specifically addressed the issue of double addition of Rs. 17,81,417, which was added both in the assessee's return and again by the AO in the intimation under section 143(1).

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 711793 (ITAT-INDORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2020-2021
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FORREVENUEUNDERSTOODTHESUBMISSIONMADEBYLD.ARAND; SHRIASHISHPORWAL
• Assessee Lawyers: SHRIGAGANTIWARI
• Keywords: Depreciation; TDS
• Section: 234B

Judgement Text

"Page 1 of 7 आयकरअपीलीयअिधकरण, इंदौरɊायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI B.M. BIYANI, ACCOUNTANT MEMBER AND SHRI PARESH M. JOSHI, JUDICIAL MEMBER ITA No.157/Ind/2023 Assessment Year:2020-21 Raisen Marketing Private Ltd. G-2/119A, Milestone, 100 Complex, Trilanga, Gulmohar Colony, Bhopal बनाम/ Vs. ADIT, CPC, Bangaluru (Assessee/Appellant) (Revenue/Respondent) PAN: AAFCR7050R Assessee by Shri Gagan Tiwari, AR Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 22.07.2025 Date of Pronouncement 24.07.2025 आदेश/ O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by order of first appeal dated 29.03.2023 passed by learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which in turn arises out of intimation of assessment dated 24.12.2021 passed by learned CPC, Bengaluru [“AO”] u/s 143(1) of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2020-21, the assessee has filed this appeal on following grounds: “1. That on the facts and in the circumstances of the case and in law, the denial of credit of TCS of Rs. 1168011/- and TDS of Rs. 9469/- in Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 2 of 7 intimation u/s 143(1) is unjustified and unlawful and therefore the credit of TCS of Rs. 1168011/- and TDS of Rs. 9469 be kindly allowed. 2. That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred and not justified in his findings that the denial of credit of TCS of Rs. 1168011 and TDS of Rs. 9469 is lawful, such findings be held as unlawful and injudicious and therefore be quashed and the credit of TCS of Rs. 1168011 and TDS of Rs. 9469 be kindly allowed. 3.That on the facts and in the circumstances of the case and in law the assessee submits that having regard to the nature of business and the explanation furnished before the lower authorities it be held that the assessee is lawfully eligible and entitled to claim the credit of TCS of Rs. 1168011 and TDS of Rs. 9469 and the denial of such credit is injudicious and unlawful and hence the credit of TCS of Rs. 1168011 and TDS of Rs. 9469 be kindly allowed. 4.That on the facts and in the circumstances of the case and in law, the levy of interest under section 234B and 234C is unlawful and without jurisdiction, therefore, the same be kindly deleted. 5.That on the facts and in the circumstances of the case and in law, the adjustment, addition of Rs. 1781420 to the disclosed income is unlawful and unjustified and hence be deleted. 6.That on the facts and in the circumstances of the case and in law, while making statutory computation of total income shown in return at Rs. 53619320/- the difference of depreciation of Rs. 1781420/- has already been added in the disclosed returned income and therefore the further adjustment of Rs. 1781420/- u/s 143(1) is a double addition of the same amount, hence be deleted.” 2. This is a re-called matter. Originally, this appeal was decided by Co- ordinate Bench of ITAT, Indore vide order dated 19.01.2024. Thereafter, the assessee filed Misc. Application No. 51/Ind/2024 informing that the Ground No. 5 & 6 remained unadjudicated. The assessee’s Misc. Application was allowed vide order dated 23.08.2024 for limited purpose of adjudication of Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 3 of 7 said grounds. Accordingly, this appeal has come up before this bench for adjudication of Ground No. 5 & 6. 3. We have heard learned Representatives of both sides and case records perused. 4. Ld. AR carried us to impugned Ground No. 5 & 6 to show that the assessee has challenged the addition of Rs. 17,18,420/- (exact amount is Rs. 17,81,417/-) made by AO in the intimation issued u/s 143(1). Ld. AR then carried us to the copies of (i) Computation of Total Income, (ii) Audited P&L A/c, and (iii) Return of Income filed by assessee, placed at Pages 2-93 of Paper-Book. We re-produce below the relevant page of Computation of Total Income (Page 2 of Paper-Book) and the relevant page of Return of Income (Page 43 of Paper-Book): Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 4 of 7 Computation of Total Income: Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 5 of 7 Return of Income: Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 6 of 7 5. Referring to above documents, Ld. AR pointed out that the assessee has, before filing return of income, voluntarily made an addition of Rs. 45,63,142/- under the caption “Add: Depreciation disallowed” and deduction of Rs. 27,81,725/- under the caption “Less: Allowed Depreciation”. The net effect of these two adjustments is the addition of Rs. 17,81,417/-. Then, the Ld. AR referred Page 41 of the intimation u/s 143(1) passed by AO to demonstrate that the Ld. AO has made addition of Rs. 17,81,417/- in the intimation so issued. Thus, Ld. AR submitted that the addition made by AO is nothing but a double addition of what the assessee had already made before filing return of income. Therefore, Ld. AR made a straightforward prayer, the addition made by AO deserves to be deleted as the same had already been made by assessee. 6. Ld. DR for revenue understood the submission made by Ld. AR and left the issue to wisdom of bench without raising any dispute. 7. After a careful consideration and on perusal of documents as noted above, we agree that the assessee has already made addition of Rs. 17,81,417/- by way of suitable adjustments in the return of income filed to department and the addition made by AO in the intimation u/s 143(1) has resulted in double addition which is liable to be deleted. Faced with this situation, we direct the AO to delete the addition of Rs. 17,81,417/-. The Ground No. 5 & 6 of assessee are allowed therefore. Printed from counselvise.com Raisen Marketing Private Ltd. ITA No. 157/Ind/2023 – AY 2020-21 Page 7 of 7 8. In the result, the present appeal is allowed in so far as it relates to adjudication of Ground No. 5 & 6. Order pronounced in open court on 24/07/2025 Sd/- Sd/- (PARESH M. JOSHI) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore िदनांक/Dated : 24/07/2025 Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order E COPYSr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore Printed from counselvise.com "