M/S. DANIELI INDIA LIMITED,NORTH TWENTY FOUR PARGANAS vs. DCIT, CIRCLE - 1(1), KOLKATA
IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA
BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER
AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER
M/s Danieli India Limited
Technopolis, 5th Floor, B Wing
Block BP, Plot No.-IV, Sec-V,
Salt Lake, Sech Bhawan S.O.,
Salt Lake, North 24 Parganas
West Bengal-700091
Vs DCIT, Circle-1(1), Kolkata
PAN No. :AABCG 5359 E
(अपीलधर्थी /Appellant)
..
(प्रत्यर्थी / Respondent)
निर्धाररती की ओर से /Assessee by : Ms. Riya Shah, CA
रधजस्व की ओर से /Revenue by : Shri Praveen Kishore, CIT-DR
सुनवाई की तारीख / Date of Hearing
:
05/08/2025
घोषणा की तारीख/Date of Pronouncement
:
05/08/2025
आदेश / O R D E R
Per George Mathan, JM:
This is an appeal filed by the assessee against the order passed by the ld.AO passed u/s.143(3) r.w.s.144C(13) r.w.s.144B of the Act, dated
25.10.2024. 2. When the matter was called call upon for hearing, an adjournment application has been filed which reads as under :-
ITANo.2678/Kol/2024
2
3. The counsel who appeared, namely, Ms. Riya Shah, CA on the online mode was not in uniform also. Repeated instructions have been issued that counsels who appear in the court are to be in uniform. This is also a part of SOP provided. Consequently, as it is noticed that the adjournment application does not give valid reasons for the adjournment and as the counsel was not in uniform, the appeal is being heard ex-parte.
4. Ld.CIT-DR was requested to make his submissions and he vehemently supported the order of the Assessing Officer. It was the submission that the ld. DRP had directed the Assessing Officer to reverify the computation after taking the correct financials of the comparable companies into consideration and rectify the computational errors, if any.
The ld. Assessing Officer has given multiple opportunities as is evident from the assessment order and the direction of the DRP has been followed substantially by the TPO. In page 5 of the order, the Assessing Officer has also considered the directions and has reduced the TP adjustment from Rs.19.80 crores to Rs.15.26 crores. In regard to the addition in respect of leave encashment the same has been considered in depth in para 7 &8 at pages 6 & 7 of the order. The assessee has not been able to dislodge any of the findings of fact as has been discussed by the TPO. As the assessee has not been able to dislodge any of the findings of fact, we are of the view that the findings as arrived at by the TPO does not call for any interference.
Consequently, the order of the ld. TPO stands upheld.
ITANo.2678/Kol/2024
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5. In the result, appeal of the assessee is dismissed.
Order dictated and pronounced in the open court on 05/08/2025. (RAKESH MISHRA) (GEORGE MATHAN)
लेखा सदस्य/ ACCOUNTANT MEMBER
न्यधनयक सदस्य / JUDICIAL MEMBER
कोलकाता Kolkata; ददनाांक Dated 05/08/2025
Prakash Kumar Mishra, Sr.P.S.
आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to :
आदेशधिुसधर/ BY ORDER,
(