DCIT, CENTRAL CIRCLE- II , NOIDA vs. NEWTRAMAX HEALTHCARE, KURUKSHETRA

ITA 7159/DEL/2018Status: DisposedITAT Delhi04 April 2024AY 2015-16Bench: SHRI CHALLA NAGENDRA PRASAD (Judicial Member), SHRI PRADIP KUMAR KEDIA (Accountant Member)4 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, noting that no specific defects were found in the assessee's claim and that the deduction had been consistently allowed in previous assessment years, including re-assessments, without adverse findings. The Tribunal found no justification to reverse the CIT(A)'s order, which had rightly applied the doctrine of consistency principles.

What were the facts?

A search and seizure operation was conducted on the assessee's premises. For AY 2015-16, the assessee claimed a deduction of Rs. 2,15,44,476/- under Section 80IC in their 'Nil' income return. The Assessing Officer rejected this deduction, but the CIT(A) subsequently reversed the AO's order, allowing the deduction based on the availability of audit reports, financial statements, and past consistent assessments.

What were the issues?

Whether the deduction claimed by the assessee under Section 80IC for AY 2015-16 was allowable, considering prior consistent assessments and the absence of specific defects in the claim.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 132,Section 80IC,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E” DELHI

Before: SHRI CHALLA NAGENDRA PRASAD & SHRI PRADIP KUMAR KEDIA

For Appellant: Shri Amit Goel, Chartered Accountant, Shri Pranav Yadav, Advocate
For Respondent: Shri Subhra Jyoti Chakraborty, CIT-DR

PER PRADIP KUMAR KEDIA-AM:

The captioned appeal has been filed by the Revenue against the order of the Commissioner of Income Tax (Appeals)-IV, Kanpur (‘CIT(A)’ in short) dated 30.08.2018 arising from the assessment order dated 31.12.2016 passed by the Assessing Officer (AO) under Section 143(3) of the Income Tax Act, 1961 (the Act) concerning AY 2015-16. 2. Briefly stated, a search and seizure operation under Section 132 of the Act was conducted on 11.11.2014 on the premises of the assessee. The assessee filed return of income declaring total income at ‘Nil’ for A.Y. 2015-16. In the course of the

The order continues below.

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