GLOBAL GREEN COMPANY LTD.,NEW DELHI vs. DCIT, CIRCLE- 10(1), NEW DELHI

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA No. 3911/Del/2018 & ITA No. 3899/Del/2019 (Assessment Years: 2012-13 & 2015-16) M/s. Global Green Company Ltd, Vs. DCIT, Thapar House, 124, Janpath, Circle-10(1), New Delhi New Delhi (Appellant) (Respondent) PAN: AAACR0635H

Assessee by : Shri Ankit Agarwal, CA Ms. Komal Goyal, CA Revenue by: Ms. Monika Singh, CIT-DR Date of Hearing 23/03/2026 Date of pronouncement 05/06/2026

O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA Nos.3911/Del/2018 and 3899/Del/2019 for AYs 2012-13 and 2015-16, arises out of the order of the ld. Commissioner of Income Tax (Appeals)-22, New Delhi and ld. Commissioner of Income Tax (Appeals)-35, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 28.02.2018 for AY 2012-13 and dated 27.02.2019 for AY 2015-16 against the order of assessment passed u/s 143(3) r.w.s. 144C of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 21.03.2016 and 21.12.2017 by the Assessing Officer, DCIT, Circle-10(1), New Delhi (hereinafter referred to as ‘ld. AO’). Identical issues are involved in all these appeals and hence they are taken up together and disposed of by this common order for the sake of convenience.

3.1 The Assessee claimed the same as deduction in its Return of Income filed for A.Y. 2012-13 on November 30, 2012. However, during the assessment proceedings for A.Y. 2012-13, in order to avoid any litigation on the said issue, the Assessee vide its submissions dated January 28, 2016 suo moto offered the same for disallowance.

3.2 The AO passed the assessment order for AY 2012-13 dated March 21, 2016 under section 143(3) r.w.s. 144C of the Act after making certain additions/deletions, however, inadvertently, had not made addition of aforesaid cost amounting to Rs. 9,04,80,947/-. Subsequently, the said mistake was rectified by the AO by passing order u/s. 154 r.w.s. 143(3) of the Act dated August 28, 2017.

3.3 Meanwhile, during F.Y. 2014-15 (A.Y. 2015-16), the Assessee had written back a total amount of Rs. 10,71,72,610/- (including the aforesaid amount of Rs. 9,04,80,947/-) incurred towards rejection of exports made to USA and Canada credited to Profit & Loss A/c as Exceptional Item. The Assessee had given a detailed note in this regard at Note No. 2.26 of the Audited Financial Statement for F.Y. 2014-15.

3.4 The Assessee has offered the entire amount of Rs. 10,71,72,610/- to tax in its Return of Income filed for A.Y. 2015-16 on November 28, 2015 which is clear from the fact that no deduction has been claimed for the same in the computation of income for the year.

3.5 The said treatment was under bona fide belief that the Assessee would be allowed the deduction of Rs. 9,04,80,947/- during the assessment proceedings for A.Y. 2012-13 that were pending at that point of time. However, as stated above, subsequently on January 28, 2016, in order to avoid any litigation on the said issue, during the assessment proceedings for A.Y. 2012-13, the Assessee vide its submissions dated January 28, 2016 suo moto offered the same for disallowance.

3.6 In view of the foregoing, the Assessee submits that the aforesaid amount of Rs. 9,04,80,947/- towards rejection of exports made to USA and Canada should either be allowed as deduction in A.Y. 2012-13 or should not be taxed in A.Y. 2015-16 after the same was written back. Accordingly, the Assessee has filed additional ground in both A.Y. 2012- 13 and A.Y. 2015-16 to raise the said claim.

Order pronounced in the open court on 05/06/2026.

-Sd/- -Sd/- (SATBEER SINGH GODARA) (M BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER

Dated: 05/06/2026 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi