HISP INDIA INFO SYSTEMS P LTD., DELHI vs. WARD 5(1), GAUTAM BUDH NAGAR

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ITA 50/DEL/2022Status: HeardITAT Delhi08 August 2023AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue to the Assessing Officer (AO) for fresh examination. The assessee was directed to furnish complete details of other expenses, and the AO was instructed to verify them and decide the issue afresh.

What were the facts?

The assessee disclosed 'other expenses' of Rs. 40,08,013 in its original return. This amount was added to income during processing under Section 143(1) due to a lack of breakup. The assessee claimed to have filed a revised return with the necessary details.

What were the issues?

Whether the addition made under Section 143(1) for lack of breakup of 'other expenses' was justified, especially when a revised return with details was allegedly filed.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 139(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH. YOGESH KUMAR US

For Appellant: Dr. Rakesh Gupta, Advocate
Hearing: 08/08/2023Pronounced: 08/08/2023

ORDER PER N. K. BILLAIYA, AM:

This appeal by the assessee is preferred against the order dated 28.11.2021 by NFAC, Delhi pertaining to A.Y. 2016-17.

2.

The only effective issue in this appeal is against the adjustment of Rs.4,008013/- made u/s. 143 (1) of the Act on the ground that break up of other expenses of Rs.4008013/- were not given in the return of income.

3.

The bone of contention is the return of income filed on 14.10.2016 u/s. 139 (1) of the Act. In the said return under the head ‘other expenses’ at items No.38 the assessee has mentioned amount of Rs.4008013/-. This return was processed and because complete details were not given the amount was added while processing the return.

4.

However, the assessee claimed to have filed a revised return of income in which at item 38 complete bifurcation of other expenses have been mentioned. But it seems that this return was neither processed nor any action has been taken by CPC, Bengaluru or by the AO. This has resulted into injustice to the assessee.

5.

In the interest of justice and fair play we deem it fit to restore this issue to the files of the AO. The assessee is directed to furnish complete details of other expenses and the AO is directed to examine / verify the same and decide the issue afresh as per the provisions of the law.

6.

In the result, the appeal of the assessee is allowed for statistical purpose.

7.

Decision announced in the open court 08.08.2023.

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