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Facts
The appeal by the assessee is against the order dated 22.10.2024 of the CIT(A)-26, New Delhi. The dispute concerns the denial of refund of Rs. 11,60,000/-. The Assessing Officer had reduced the tax credit while computing tax, and the CIT(A) sustained the addition.
Held
The CIT(A) correctly rejected the assessee's contention to claim a loss of Rs.36,70,342/- resulting in an alleged refund. The grounds of appeal were found to have no substance.
Key Issues
Whether the assessee's claim of loss and resultant refund was allowable in proceedings u/s 147 if the return was not filed within the prescribed due date as per Section 139(1) and if there was no non-compliance of Section 80.
Sections Cited
147, 143(3), 139(1), 80
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
O R D E R PER ANUBHAV SHARMA, JM:
This appeal is preferred by the Assessee against the order dated 22.10.20224 of the Ld. CIT(A)-26, New Delhi (hereinafter referred as Ld.
P a g e | DSC Engineering Pvt. Ltd. (AY: 2015-16) First Appellate Authority or in short Ld. ‘FAA’) in DIN No :
ITBA/APL/M/250/2024-25/25/1069870333(1) arising out of the order dated 30.03.2022 passed u/s 147 r.w.s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the DCIT, Central Circle 14 for AY:
2015-16.
None appeared at the time of hearing and record shows notices have been issued repeatedly. No more opportunity is justified.
Ld. DR was heard.
We find that the dispute concerns the denial of refund of Rs.11,60,000/- which Assessing Officer has reduced in tax credit while computing tax and ld. CIT(A) has sustained the addition while determining the question as to if assessee’s claim of loss and resultant refund would be allowable inproceedings u/s 147 of the Act, if the assessee had not filed return of income within the prescribed due date as per Section 139(1) of the Act and as there was no non-compliance of Section 80 of the Act.
P a g e | DSC Engineering Pvt. Ltd. (AY: 2015-16) 5. We find no error in order of ld. CIT(A) in rejecting assessee’s contention to claim loss of Rs.36,70,342/- resulting into alleged claim of refund. The grounds have no substance. The appeal of the assessee is dismissed.
Order pronounced in the open court on 21.01.2026