Zuari Leasing & Finance Corporation Ltd. v. ITO

112 ITD 205Income Tax Appellate Tribunal2008#2115 most cited

What is Zuari Leasing & Finance Corporation Ltd. v. ITO authority for?

The Income Tax Appellate Tribunal's primary obligation is to dispose of appeals on their merits, with the power to remand being an exceptional tool that must be used sparingly. Remands are permissible only when absolutely necessary due to a lack of relevant evidence, findings, or investigation, and are prohibited if casual, used as a shortcut, or to grant a litigant a 'second innings'.

54

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

Zuari Leasing & Finance Corporation Ltd. v. ITO · 112 ITD 205 · ITAT power to remand · dispose of appeal on merits · Section 253 · remand sparingly used · casual remand prohibited · second innings litigant · lack of relevant evidence · Appellate Tribunal powers

Sections most often in play

Section 143(3)Section 14ASection 153ASection 1961Section 143(2)Section 148Section 144Section 68

Issues it is cited on

section 256(2)beneficial ownerreasonable causesection 14asection 41section 41(1)section 246adelay in filing appealsection 249short term capital gainsection 153asection 253

Judgments citing Zuari Leasing & Finance Corporation Ltd. v. ITO

Thomas Muthoot, Ernakulam vs. DCIT, Circle 1, Thiruvalla

In the result, the appeal filed by the assessee stands dismissed

ITA 884/COCH/2023[2013-14]Status: DisposedITAT Cochin23 May 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sundarasan S. CIT-DR &
Section 143(3)Section 14A

…vidence before the court of first instance, cannot be exercised merely because the Appellate evidence in the Courts of first instance have failed to do so. The Hon'ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. v. ITO (2008) 112 ITD 205(Delhi) (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Therefore, following the principles enunciated in the above decision, we are unable to remand the present assessment order to the file of the AO for de novo examination as no…

Thomas Muthoot, Ernakulam vs. DCIT, Thiruvalla

In the result, the appeal filed by the assessee stands dismissed

ITA 883/COCH/2023[2012-13]Status: DisposedITAT Cochin23 May 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sundarasan S. CIT-DR &
Section 143(3)Section 14A

…vidence before the court of first instance, cannot be exercised merely because the Appellate evidence in the Courts of first instance have failed to do so. The Hon'ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. v. ITO (2008) 112 ITD 205(Delhi) (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Therefore, following the principles enunciated in the above decision, we are unable to remand the present assessment order to the file of the AO for de novo examination as no…

Thomas Muthoot, Ernakulam vs. Joint Commissioner of Income Tax, Thiruvalla Range, Trivandrum

In the result, the appeal filed by the assessee stands dismissed

ITA 882/COCH/2023[2011-12]Status: DisposedITAT Cochin23 May 2025AY 2011-12

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sundarasan S. CIT-DR &
Section 143(3)Section 14A

…vidence before the court of first instance, cannot be exercised merely because the Appellate evidence in the Courts of first instance have failed to do so. The Hon'ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. v. ITO (2008) 112 ITD 205(Delhi) (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Therefore, following the principles enunciated in the above decision, we are unable to remand the present assessment order to the file of the AO for de novo examination as no…

M J Associates, Palakkad vs. ACIT, Circle-1, Palakkad

In the result, the appeal filed by the assessee stands allowed

ITA 785/COCH/2024[2013-14]Status: DisposedITAT Cochin19 May 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Sriram A.S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 143(3)

…sed merely because the Appellate Court is of the view that the parties who could lead better evidence in the Courts of first instance have failed to do so. The Hon'ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. v. ITO (2008) 112 ITD 205(Delhi) (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Therefore, following the principles enunciated in the above decision, we are unable to remand the present assessment order to the file of the AO for de novo examination as no…

M J Associates, Palakkad vs. ACIT, Circle-1, Palakkad

In the result, the appeal filed by the assessee stands allowed

ITA 784/COCH/2024[2012-13]Status: DisposedITAT Cochin19 May 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Sriram A.S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 143(3)

…sed merely because the Appellate Court is of the view that the parties who could lead better evidence in the Courts of first instance have failed to do so. The Hon'ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. v. ITO (2008) 112 ITD 205(Delhi) (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Therefore, following the principles enunciated in the above decision, we are unable to remand the present assessment order to the file of the AO for de novo examination as no…

Mayurply Industries Pvt Ltd., Hooghly, West Bengal vs. ACIT, Circle 3, Guwahati, Assam

In the result IT(SS)A Nos

ITA 224/GTY/2024[2018-19]Status: DisposedITAT Guwahati24 Mar 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri Kaushik Roy, DR
Section 132Section 143(3)Section 153ASection 253Section 253(5)

…direction to remit and to remand it to the Assessing officer was not justified and in the peculiar facts and circumstances. The Tribunal was directed to decide the legal issue. 010. Similarly, in the case of Zuari Leasing & Finance Corpn. Ltd. Vs. ITO [2008] 112 ITD 205 (Delhi) (TM), the operative part of the decision is as under:- 12. I have also carefully considered the reasons given by the learned Accountant Member in his proposed order for remanding the case back to the Assessing Officer. In the first four paras he records the findings of the ld. CIT (Appeals) that assessee failed to produce the relevant ev…

Nirmal Kumar Agrawal, Jaipur vs. DCIT, Circle - 4, Jaipur

In the result, the appeal of the assessee is allowed

ITA 1224/JPR/2024[2013-2014]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-2014
For Appellant: Sh. Tarun Mittal, CAFor Respondent: Mrs. Swapnil Parihar, JCIT-DR
Section 133ASection 147Section 148Section 68Section 69C

…r of Commissioner (Appeals) and sending matter back to him for a fresh decision holding that it was unable to decide point in controversy finally in absence of relevant materials – Held, yes Zuari Leasing & Finance Corporation Ltd. Vs ITO, 18(4), Delhi (2008) 112 ITD 205 (Del) (Trib.) "10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of relevant evidence, lack of finding or investigation warranted by the…

Smt. Sanya Surendra Mehta, Jaipur vs. ITO, Ward-6(1), Jaipur

In the result, the appeal of the assessee is allowed

ITA 1523/JPR/2024[2013-14]Status: DisposedITAT Jaipur12 Feb 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA No. 1523/JP/2024 निर्धारणवर्ष / AssessmentYear : 2013-14 Smt. Sanya Surendra Mehta 301, Swadeshi Apartment, D-37-38 Shanti Path, Patrakar Colony, Tilak Nagar, Jaipur बनाम The ITO Ward - 6(1) Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआर सं./PAN/GIR No.: ABMPM 0118 L अपीलार्थी / Appellant निर्धारिती की ओरसे / Assesseeby : Shri P.C. Parwal, CA राजस्व की ओरसे /Revenue by: Shri Gautam Singh Cho

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Gautam Singh Choudhary, JCIT
Section 144Section 148Section 249

…f natural justice and therefore the order passed by him be quashed and the appeal of assessee be decided on merit since all the facts are on record. Reliance in this connection is placed on the following cases:- (a) Zuari Leasing & Finance Ltd. Vs. ITO (2008) 112 ITD 205 (Del.) Trib.) (TM). The Honb’le ITAT at Para 10 of the order held as under:- “10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of releva…

Paras Kuhad, Jaipur vs. ACIT - 7, Jaipur

In the result, the appeal of the assessee is partly allowed

ITA 1004/JPR/2024[2017-18]Status: DisposedITAT Jaipur22 Jan 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Tarun Mittal, CA &For Respondent: Sh. Anup Singh, Addl. CIT
Section 142(1)Section 143(2)Section 143(3)Section 44A

…of Commissioner (Appeals) and sending matter back to him for a fresh decision holding that it was unable to decide point in controversy finally in absence of relevant materials – Held, yes Zuari Leasing & Finance Corporation Ltd. Vs ITO, 18(4), Delhi (2008) 112 ITD 205 (Del) (Trib.) "10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of relevant evidence, lack of finding or investigation warranted by the…

Sh. Jagtar Singh, Alwar vs. ACIT, Circle-1, Alwar

In the result, the appeal filed by the assessee is allowed

ITA 994/JPR/2024[2011-12]Status: DisposedITAT Jaipur09 Sept 2024AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P. C. Parwal (C.A.)For Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 10Section 142(1)Section 144Section 148Section 24Section 249(3)Section 24BSection 80C

…all facts are on record, remanding the matter back to the AO would cause genuine 8 Sh. Jagtar Singh vs. ACIT hardship and only linger on the proceedings. For this purpose reliance is placed on the following cases: Zuari Leasing & Finance Ltd. Vs. ITO (2008) 112 ITD 205 (Del.) (Trib.) (TM) The Honb'le ITAT at Para 10 of the order held as under: "10. It is clear from above that primary power, rather obligation of the Tribunal, ix to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of relevan…

Sh. Anoop Kumar Gupta, Ajmer vs. ITO, Ward-2(1), Ajmer

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 939/JPR/2024[2014-15]Status: DisposedITAT Jaipur29 Aug 2024AY 2014-15

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P.C. Parwal (C.A.)For Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 143(3)Section 271(1)(c)Section 274

…erefore not sustainable. 5. It is prayed that since all facts are on record, the appeal be decided on merit instead of remanding the matter back to the AO/CIT(A) for which reliance is placed on the following cases:- Zuari Leasing & Finance Ltd. Vs. ITO (2008) 112 ITD 205 (Del.) (Trib.) (TM) The Honb’le ITAT at Para 10 of the order held as under:- “10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of releva…

Sh. Ramnarayan Meena, Tonk vs. ITO, Ward-Tonk, Tonk

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 259/JPR/2024[2017-18]Status: DisposedITAT Jaipur01 May 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri Arvind Kumar (CIT) a
Section 139Section 142(1)Section 144Section 144(1)(b)Section 144BSection 147Section 148Section 151Section 69

…e land is available before the Hon'ble ITAT, it is prayed that instead of remanding the matter back to the AO, the appeal of assessee be decided on merit. For this purpose reliance is placed on the following cases:- Zuari Leasing & Finance Ltd. Vs. ITO (2008) 112 ITD 205 (Del.) (Trib.) (TM) The Honb'le ITAT at Para 10 of the order held as under:- "10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of releva…

Karmyogi Shankarraoji Patil Ssk Ltd., Pune vs. The Deputy Commissioner of Income Tax, Circle-7, Pune

ITA 412/PUN/2023[2012-13]Status: DisposedITAT Pune06 Jul 2023AY 2012-13

Bench: Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 411 & 412/Pun/2023 निर्धारण वर्ा / Assessment Year : 2009-10 & 2012-13 Karmyogi Shankarraoji Patil Ssk Ltd., A/P. Mahatmaphulenagar, Bijwadi, Tal. Indapur, Dist. - Pune Pin – 413106 Pan: Aaaai0225N . . . . . . . अपीलार्थी / Appellant

For Appellant: Shri Hanmant D DhavleFor Respondent: Shri Keyur Patel
Section 143(3)Section 144Section 250

…by Hon’ble Gujarat High Court in ‘Rajesh Babubhai Damania Vs CIT’ 251 ITR 541, and in ‘CIT v. Harikishan Jethalal Patel’ reported at 168 ITR 472. Placing reliance on the decision of co-ordinate bench in ‘Zuari Leasing & Finance Corpn. Ltd. Vs ITO’ reported in 112 ITD 205 (TM), we reiterate that, the appeals are not to be decided for giving 'one more innings' to lower authorities in the appellate jurisdiction. 12. In the absence of any deprecative material placed against the disallowances/additions before us and failure on the part appellant to bring ITAT-Pune Page 13 of 14 Karmyogi Shankarraoji Patil SSK Ltd.…

Karmyogi Shankarraoji Patil Ssk Ltd., Pune vs. The Deputy Commissioner of Income Tax, Circle-7, Pune

ITA 411/PUN/2023[2009-10]Status: DisposedITAT Pune06 Jul 2023AY 2009-10

Bench: Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 411 & 412/Pun/2023 निर्धारण वर्ा / Assessment Year : 2009-10 & 2012-13 Karmyogi Shankarraoji Patil Ssk Ltd., A/P. Mahatmaphulenagar, Bijwadi, Tal. Indapur, Dist. - Pune Pin – 413106 Pan: Aaaai0225N . . . . . . . अपीलार्थी / Appellant

For Appellant: Shri Hanmant D DhavleFor Respondent: Shri Keyur Patel
Section 143(3)Section 144Section 250

…by Hon’ble Gujarat High Court in ‘Rajesh Babubhai Damania Vs CIT’ 251 ITR 541, and in ‘CIT v. Harikishan Jethalal Patel’ reported at 168 ITR 472. Placing reliance on the decision of co-ordinate bench in ‘Zuari Leasing & Finance Corpn. Ltd. Vs ITO’ reported in 112 ITD 205 (TM), we reiterate that, the appeals are not to be decided for giving 'one more innings' to lower authorities in the appellate jurisdiction. 12. In the absence of any deprecative material placed against the disallowances/additions before us and failure on the part appellant to bring ITAT-Pune Page 13 of 14 Karmyogi Shankarraoji Patil SSK Ltd.…

Ninaidevi Shikshan Prasarak Mandal, Sangli vs. Income-Tax Officer, (Exemption), Ward, Kolhapur

In the result, the appeal filed by the assessee is dismissed

ITA 1787/PUN/2019[2016-17]Status: DisposedITAT Pune24 Jun 2021AY 2016-17
For Appellant: Shri B. C. MalakarFor Respondent: Shri S. P. Walimbe
Section 115BSection 12ASection 2(24)(iia)

…merely because the Appellate Court is of the view that the parties who could lead better evidence in the Courts of first instance have failed to do so." 10 17. The Hon'ble Tribunal, Delhi Bench in the case of Zuari Leasing & Finance Corpn. Ltd. v. ITO[2008] 112 ITD 205 (TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Accordingly, the grounds of appeal raised the assessee is dismissed. 18. In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 24th day of June, 202…

Ranbaxy Laboratories Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee in IT(TP) A No

ITA 781/DEL/2015[2010-11]Status: DisposedITAT Ahmedabad05 Sept 2019AY 2010-11

Bench: Justice P.P. Bhatt & Shri Waseem Ahmed1. आयकर अपील सं./It(Tp)A No. 1782/Del/2014 2. आयकर अपील सं./It(Tp)A No. 781/Del/2015 ("नधा"रण वष"/Assessment Years : 2009-10 & 2010-11) Ranbaxy Laboratories Ltd. The Dcit बनाम/ 12Th Floor, Devika Tower Circle-21(1), New Vs. 6, Nehru Place, New Delhi Delhi/ 110 019 Addl.Cit Range-15 New Delhi "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr0127N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S.N.Soparkar, Shri Vartik Chokshi, Ms.Urvashi Shodhan & Shri P.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr

For Appellant: Shri S.N.Soparkar, Shri Vartik ChokshiFor Respondent: Shri Mahesh Shah, CIT-DR
Section 143(3)Section 144CSection 92D

…ght to our notice. In absence of any fresh plea by the revenue, we are afraid that we cannot agree with the contention of revenue. Our this reason also gets the support from the decision of coordinate bench in Zuari Leasing & Finance Corpn. Ltd. v. ITO [2008] 112 ITD 205 (Delhi) (TM) where in its held that :— "10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of relevant evidence, lack of finding or invest…

M/S. Ranbaxy Laboratories Limited, New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal of the assessee in IT(TP) A No

ITA 1782/DEL/2014[2009-10]Status: DisposedITAT Ahmedabad05 Sept 2019AY 2009-10

Bench: Justice P.P. Bhatt & Shri Waseem Ahmed1. आयकर अपील सं./It(Tp)A No. 1782/Del/2014 2. आयकर अपील सं./It(Tp)A No. 781/Del/2015 ("नधा"रण वष"/Assessment Years : 2009-10 & 2010-11) Ranbaxy Laboratories Ltd. The Dcit बनाम/ 12Th Floor, Devika Tower Circle-21(1), New Vs. 6, Nehru Place, New Delhi Delhi/ 110 019 Addl.Cit Range-15 New Delhi "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr0127N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S.N.Soparkar, Shri Vartik Chokshi, Ms.Urvashi Shodhan & Shri P.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr

For Appellant: Shri S.N.Soparkar, Shri Vartik ChokshiFor Respondent: Shri Mahesh Shah, CIT-DR
Section 143(3)Section 144CSection 92D

…ght to our notice. In absence of any fresh plea by the revenue, we are afraid that we cannot agree with the contention of revenue. Our this reason also gets the support from the decision of coordinate bench in Zuari Leasing & Finance Corpn. Ltd. v. ITO [2008] 112 ITD 205 (Delhi) (TM) where in its held that :— "10. It is clear from above that primary power, rather obligation of the Tribunal, is to dispose of the appeal on merits. The incidental power to remand, is only an exception and should be sparingly used when it is not possible to dispose of the appeal for want of relevant evidence, lack of finding or invest…

DCIT, New Delhi vs. Mr. Bmr Business Solutions Pvt. Ltd., Gurgaon

In the result, both the 02 appeals filed by the Revenue stand

ITA 2991/DEL/2016[2012-13]Status: DisposedITAT Delhi10 May 2019AY 2012-13

Bench: Sh. H.S. Sidhu & Shri O.P. Kant

Section 142(1)Section 143(1)Section 143(2)Section 36(1)(ii)

…9-10 and 2010-11 and the chart depicting stand of the Department in assessee’s case for various assessment years and relied upon the case law of ITAT, Delhi I (Third Member) decision in the case of Zuari Leasing & Finance Corpn. Ltd. vs. ITO reported (2008) 112 ITD 205 (Delhi) TM. 5. We have heard both the parties and perused the records, Paper Book filed by the assessee; submissions of both the parties, case laws relied upon from both sides and especially the impugned order. We find that the assessee company filed its return of income declaring a loss of Rs. 1,13,07,173/-. The case of the assessee was se…

DCIT, New Delhi vs. Mr. Bmr Business Solutions Pvt. Ltd., Gurgaon

In the result, both the 02 appeals filed by the Revenue stand

ITA 2990/DEL/2016[2011-12]Status: DisposedITAT Delhi10 May 2019AY 2011-12

Bench: Sh. H.S. Sidhu & Shri O.P. Kant

Section 142(1)Section 143(1)Section 143(2)Section 36(1)(ii)

…9-10 and 2010-11 and the chart depicting stand of the Department in assessee’s case for various assessment years and relied upon the case law of ITAT, Delhi I (Third Member) decision in the case of Zuari Leasing & Finance Corpn. Ltd. vs. ITO reported (2008) 112 ITD 205 (Delhi) TM. 5. We have heard both the parties and perused the records, Paper Book filed by the assessee; submissions of both the parties, case laws relied upon from both sides and especially the impugned order. We find that the assessee company filed its return of income declaring a loss of Rs. 1,13,07,173/-. The case of the assessee was se…

Asst. C.I.T., Bangalore vs. M/S Sasken Communications Technologies Limited, Bangalore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 627/BANG/2016[2011-12]Status: DisposedITAT Bangalore16 Nov 2018AY 2011-12

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raoit(Tp)A 550/Bang/2016 (Assessment Year:2011-12) M/S.Sasken Technologies Ltd. 139/25, Amarjyothi Layout, Ring Road, Domlur, Bengaluru-560071. Pan:Aaecs 6424 R … Appellant Vs. Deputy Commissioner Of Income-Tax, Circle 6(1)(1), Bengaluru. … Respondent & It(Tp)A No.627/Bang/2016 (Assessment Year:2011-12) (By Revenue) ****** Assessee By : Shri Padamchand Khincha,Ca. Revenue By : Shri C.H.Sundar Rao, Cit(Dr) Date Of Hearing : 17/10/2018 Date Of Pronouncement : 16/11/2018 O R D E R Per Inturi Rama Rao, Am: These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Assessment Order Dated 29/01/2016 Passed U/S 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [Hereinafter Referred To As 'The Act' For Short] For The Assessment Year 2011-12. 2. Briefly, The Facts Of The Case Are That The Assessee Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Rendering Software Development Services. Return Of Income For The Assessment Year 2011-12 Was Filed On 28/11/2011 Declaring Income Of Rs.25,33,10,603/- & This Was Revised On It(Tp)A No.550 & 627/Bang/2016 Page 2 Of 21 20/03/2013 At Total Income Of Rs.23,72,94,572/-. Against The Said Return Of Income, The Assessing Officer (Ao) Took Up The Case For Scrutiny By Issuing Notice U/S 143(2) Of The Income-Tax Act,1961 [Hereinafter Referred To As ‘The Act’] Noticing The Following International Transactions In Form 3Ced Along With Transfer Pricing Study Report:

For Appellant: Shri Padamchand Khincha,CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 10ASection 133(6)Section 143Section 143(2)Section 143(3)Section 14ASection 92C

…d merely because the Appellate Court is of the view that the parties who could lead better evidence in the Courts of first instance have failed to do so.” The Hon’ble Tribunal, Delhi bench in the case of Zuari Leasing & Finance Corporation Ltd. vs. ITO (2008) 112 ITD 205(Delhi)(TM), following the case-laws referred to above held that the Tribunal should not remand back to the file of the AO in order to give a second innings to the litigant. Thus, there is no merit in the ground of appeal raised by the assessee. Accordingly, the ground of appeal is dismissed. 16. Ground No.15 challenges deduction of expenses incu…