KINETIC ADVERTISING INDIA PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE 16(1), MUMBAI

O R D E R PER ANIKESH BANERJEE, JM:

Instant appeal of the assessee was filed against the order of the National Faceless Appeal Centre (NFAC), Delhi *for brevity, ‘Ld.CIT(A)’) passed under section 250 of the Income-tax Act, 1961 (for brevity, ‘the Act’), date of order 24/09/2024 for A.Y. 2020-21. The impugned order was emanated from the order of the Ld.Assessment Unit, Income-tax Department (for brevity the “Ld. AO”)

Kinetic Advertising India Pvt Ltd passed under section 143(3) read with section 144B of the Act, date of order 07/09/2022. 2. The assessee has taken the following grounds: “

Based on the facts and circumstances of the case and in law, Kinetic Advertising India Private Limited (hereinafter referred to as "Appellant") respectfully craves leave to appeal and dismiss the order dated

24. September 2024 passed by the Hon'ble Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) ["Learned CTT(A)"] under Section 250 of the Income Tax Act, 1961 (Act') for AV 2020-21, on the following grounds, each of which is without prejudice to each other:

On the facts and in the circumstances of the case and in law, the Learned CIT(A) has On validity of the appellate order

On merits of the issues involved

The Appellant craves leave to add, alter, vary, omit, amend or delete the above grounds of appeal at any time before, or at the time of, hearing of the appeal, so as to enable the Hon'ble Appellate Tribunal to decide the appeal in accordance with the law.

2.1 The assessee has also raised the following additional grounds: “Based on the facts and circumstances of the case as well as in law, Kinetic Advertising India Private Limited (hereinafter referred to as 'the Appellant') craves leave to prefer additional grounds of appeal in connection with the appeal filed against the order passed by the Hon'ble Commissioner of Income Tax Claim for amount disallowed under Section 40(a)(ia) of the Act in AY 2016-17 on account of non-deduction of taxes in AY 2016-17;

Claim for amount disallowed under Section 40(a)(ia) of the Act in AY 2017-18 on account of non-deduction of taxes in AY 2017-18;

4. without prejudice to the grounds of appeal raised in AY 2017-18 before Commissioner of Income Tax Appeals [CIT(A)], the Appellant wishes to claim deduction of amount disallowed under Section 40(a)(ia) of the Act (in AY 2017-18), on account of payment of taxes/ reversal of provisions in the subject AY of Rs 20,48,787.

The Appellant craves leave to add, to alter, to amend, or to delete any or all of the above grounds of appeal, at or prior hearing of the appeal as may be required to enable the Appellate Tribunal to decide the appeal according to the law.”

3. The assessee has challenged the impugned appellate order. During the hearing, the Ld. AR submitted that Ground No. 1 is not being pressed, and Additional Grounds Nos. 3 and 4 are withdrawn. With respect to Ground No. 2, the Ld. AR stated that the addition pertains to the delayed payment of employees' contributions to the Provident Fund amounting to Rs.5,44,561/-, which was disallowed under the provisions of Section 36(1)(va) of the Act. This issue was brought before the Tribunal; however, the Hon’ble Supreme Court, in the case of

Accordingly, Ground No. 1 and Additional Grounds Nos. 3 and 4 of the assessee’s appeal are dismissed as withdrawn, and Ground No. 2 of the appeal is dismissed on merits. 5. In the result, appeal of the assessee bearing is dismissed. Order pronounced in the open court on 20th day of January 2025. Sd/- sd/- (AMARJIT SINGH) (ANIKESH BANERJEE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai,दिन ांक/Dated: 20/01/2025 Pavanan