J.S.S. STEELITALIA LTD.,,GURGAON vs. DCIT, NEW DELHI

[A] This appeal has been filed by the assessee against the impugned appellate order dated 19.02.2016 passed by Learned Commissioner of Income Tax (Appeals)-1, Gurgaon, [in short, “Ld.CIT(A)”] pertaining to Assessment Year 2012-13. The Assessee has raised following grounds of appeal:-

“1. On the facts and circumstances of the case and in law, the Commissioner of Income Tax (Appeal) erred in confirming the addition / disallowance of finance lease installments paid by the company of Rs. 1,52,31,251/- by the learned Assessing Officer. Page 1 of 24

ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. 2. On the facts and circumstances of the case and in law, the disallowance / addition of Rs. 1,52,31,251/- made by the Assessing Officer is erroneous and contrary to the provisions of law and the CIT(A) should have deleted the same. 3. The appellant craves leave to add, alter, modify one or more ground of appeal before or at the time of appeal.”

[B] Vide Assessment Order dated 05.02.2015 passed under Section 143(3) of the Income Tax Act, 1961 (in short “the Act”). The relevant portion of the Assessment Order dated 05.02.2015 is reproduced as under:-

ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd.

ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd.

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[C] The Assessee filed appeal before the Ld. CIT(A). Vide impugned appellate order dated 19.02.2016, the Ld. CIT(A) partly allowed the assessee’s appeal. The relevant portion of the order of the Ld. CIT(A) is reproduced as under:

ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd.

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ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd.

[D] This present appeal has been filed by the assessee against the aforesaid impugned appellate order dated 19.02.2016 of the Ld. CIT(A). At the time of hearing, Revenue was represented by Ms. Rakhi Vimal, the learned Senior Departmental Representative (“Ld. Sr. DR”, for short). However, none was present from the assessee’s side. In the absence of any representation from assessee’s side, at the time of hearing before us, we heard the Ld. Sr. DR; who relied upon the order dated 05.02.2015 of the Assessing Officer and the aforesaid impugned order dated 19.02.2016 of the Ld. CIT(A). After perusal of the materials on record, including the order of the AO and the aforesaid impugned order dated 19.02.2016 of the Ld. CIT(A), we find that the Ld. CIT(A) has passed speaking order on merits. Relevant portion of the impugned order of the Ld. CIT(A) has already been reproduced in foregoing paragraph [C] of this order. We find that the Ld. CIT(A) has given detailed reasons for his decision on merits in the aforesaid impugned appellate order dated 19.02.2016 of Ld. CIT(A). During appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) no material has been brought for our consideration to persuade us to take a view different from the view taken by the Ld. CIT(A) in the impugned order on merit. After hearing the Ld. Sr. DR and after perusal of materials on record, and further, in view of the foregoing discussion, we decline to interfere with the aforesaid impugned appellate order dated 19.02.2016 of Ld. CIT(A), and accordingly, this appeal is dismissed.

[E] Before we part; we explicitly clarify that the assessee will be at liberty to approach ITAT for restoration of the appeal in accordance with Proviso to ITA No.- 2631/Del/2016. J.S.S. Steelitalia Ltd. Rule 24 of Income Tax (Appellate Tribunal), Rules, 1963. If the assessee does approach ITAT for restoration of the appeals in ITAT, the matter will be considered in accordance with law having regard to the facts and circumstances.

[F] In the result, appeal filed by Assessee is dismissed.

Order pronounced in the open court on 09/12/2019.