JUBILANT INGREVIA LIMITED,BHARTIAGRAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, MORADABAD

ITA 5851/DEL/2024Status: DisposedITAT Delhi11 March 2026AY 2021-22Bench: SHRI M. BALAGANESH (Accountant Member), SHRI RAJ KUMAR CHAUHAN (Judicial Member)7 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the issue of enhancement of income made by the Learned CPC under Section 143(1) of the Act was indeed a matter that the Learned DRP ought to have adjudicated. Since the Learned AO ought to have considered the grievance of the assessee, the appeal was restored to the file of the Learned AO for de novo adjudication.

What were the facts?

The assessee filed its return of income, which was processed by the CPC Bangalore under Section 143(1) of the Act, resulting in an enhancement of income. The assessee's rectification application was rejected. The assessee's case was referred to the TPO for determining the arm's length price of international transactions. The final assessment order was framed under Section 143(3) r.w.s. 144C(13) of the Act, with the total income being the same as determined by the CPC. The assessee appealed against this assessment order.

What were the issues?

Whether the DRP/AO correctly adjudicated the issue regarding the enhancement of income made by the CPC under Section 143(1) and if the assessee's rectification applications were properly considered.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144C(5),Section 92CA(3),Section 144C(1),Section 43B,Section 234A,Section 234C,Section 270A,Section 143(1),Section 154,Section 92CA(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI M. BALAGANESH & SHRI RAJ KUMAR CHAUHAN

For Appellant: Shri K. M. Gupta, Adv, Shri Kashish Gupta, CA
For Respondent: Shri Jitendra Singh, CIT DR
Hearing: 23/12/2025Pronounced: 11/03/2026

PER M. BALAGANESH, A. M.: The Assessee Jubilant Ingrevia Ltd (hereinafter referred to as 1. ‘assessee) by filing the present appeal sought to set aside the impugned assessment order dated 29.10.2024 passed by the Assessing Officer (AO) u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (for short ‘the Act’) inconsonance with the order passed by the Dispute Resolution Panel (DRP)- 2, New Delhi dated 30.09.2024 u/s 144C(5) and order of TPO dated 30.10.2023 passed u/s 92CA(3) of the Act.

2.

The assessee has raised the following grounds of appeal before us:-

“1. That on the facts and circumstances of the case and in law, the impugned order/ directions passed/issued by Ld. Assessing Jubilant Ingrevia Ltd

Of

The order continues below.

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