FIL INDIA BUSINESS & RESEARCH SERVICES P.LTD,NEW DELHI vs. DC, CIRCLE-7(1), NEW DELHI

ITA 1358/DEL/2022Status: DisposedITAT Delhi17 January 2023AY 2018-1916 pages
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What did the Tribunal hold?

The Tribunal directed the AO to process the assessee's application regarding buy-back tax and interest on refund, allowing the deletion of the addition on interest on refund as it was taxed twice. The Tribunal also directed the AO to expeditiously process the rectification application for granting credit of self-assessment tax.

What were the facts?

The assessee, a software development and ITES company, filed its return of income. During scrutiny, the AO noted international transactions and referred the matter to the TPO. The AO made additions based on the TPO's report and also disallowed employees' PF/LWF contributions deposited late. The assessee appealed against these additions and other issues related to buy-back tax, interest on refund, and self-assessment tax credit.

What were the issues?

The key issues involved the allowability of delayed deposit of employees' PF/LWF contributions, credit for buy-back tax, double taxation of interest on income tax refund, and credit for self-assessment tax.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 36(1)(va),Section 43B,Section 115QA,Section 115QB,Section 145(2),Section 270A

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Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: SH. ANIL CHATURVEDI & SH. CHANDRA MOHAN GARG

For Appellant: Shri K. M. Gupta, Adv, Shri Rishabh Malhotra, A.R. and Shri Bhavya Gupta, C.A
For Respondent: Shri Amaresh Singh, CIT-D.R
Hearing: 21.12.2022Pronounced: 17.01.2023

PER ANIL CHATURVEDI, AM :

This appeal filed by the Assessee is directed against the order of the Ld. Assistant Commissioner of Income Tax, Delhi, No. dated 29.04.2022 in DIN And Order ITBA/AST/S/143(3)/2022-23/1042911888(1), relating to the 2 A.Y. 2018-19 passed under section 143(3) read with Section 144C(13) of the I.T. Act, 1961. 2. Briefly stated facts of the case are that the assessee is a company stated to be engaged in provision of Software Development, ITES and Research development services to its AEs, wherein it acts as captive service provider

The order continues below.

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