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Income Tax Appellate Tribunal - Delhi

Fil India Business & Research Services ... vs Dc, Circle-7(1), New Delhi on 5 August, 2022

      IN THE INCOME TAX APPELLATE TRIBUNAL
                DELHI BENCH 'I', NEW DELHI

      BEFORE SH. SAKTIJIT DEY, JUDICIAL MEMBER
                            AND
             SH. N. K. BILLAIYA, ACCOUNTANT MEMBER
                          S.A.No.177/Del/2022
                     (IN ITA NO.1358/DEL/2022)
                      Assessment Year: 2018-19
  FIL India Business &                DC
  Research Services P. Ltd.      Vs Circle - 7 (1)
  Privatr     Studio-      NCR        New Delhi
  /AC/PS/00/010B,       Ground
  Floor, Worldmark1, Asset
  Area       11,       Aerocity,
  Hospitality District, Indira
  Gandhi          International
  Airport, New Delhi-110002
  PAN No.AABCF1572C
  (APPELLAN                           (RESPONDENT)

  Appellant                       Sh. K. M Gupta, Advocate
  Respondent                      Sh. Mrinal Kumar Das, Sr. DR

  Date of hearing:                05/08/2022
  Date of Pronouncement:          05/08/2022

                            ORDER

PER N.K. BILLAIYA, AM:

This stay application by the assessee is directed towards the tax demand arising out of the assessment order for A.Y.2018-19.

2. Before us the Counsel for the assessee pointed out that the TP adjustment of Rs.15897397/- was deleted and only disallowance of Employees Contribution to Providend fund and Labour Welfare fund amounting to Rs.17084695/- survive. It is the say of the Counsel that the impugned disallowance has to be deleted in the light of the decision of the Hon'ble High Court of Delhi in 321 ITR 508.

4. Though at this stage we are not required to dwell upon the merits of the disputed issues. However, on appreciation of facts we find that the impugned addition may not survive in the light of decision of the Hon'ble High Court of Delhi in the case of Aimil Limited 321 ITR 508.

5. Though we do not find this to be a fit case for granting stay of the entire tax demand but considering the facts of the case we accept the prayer for early hearing of appeal which was not opposed by the DR.

6. We direct the registry to fix the appeal for hearing on 08.09.2022. Since, the date of hearing of appeal was announced in the open court in presence of both the parties there is no need for issuance of separate notice of hearing to the parties. It is made clear that in case the assessee seeks unnecessary adjournment, the early hearing granted will be vacated.

5. In the result, the stay application is rejected and early hearing granted.

6. Decision announced in the open court on 05.08.2022.

    Sd/-                                               Sd/-
 (SAKTIJIT DEY)                                    (N. K. BILLAIYA)
JUDICIAL MEMBER                                 ACCOUNTANT MEMBER
*NEHA, Sr. Private Secretary*
Date:- .08.2022
Copy forwarded to:
1.     Appellant
2.     Respondent
3.     CIT
4.     CIT(Appeals)
5.     DR: ITAT
                                                 ASSISTANT REGISTRAR
                                                      ITAT NEW DELHI
          Date of dictation                               05.08.2022
          Date on which the typed draft is placed         08.08.2022
          before the dictating Member
          Date on which the typed draft is placed         08.08.2022
          before the Other member
          Date on which the approved draft comes to       08.08.2022
          the Sr.PS/PS

Date on which the fair order is placed before 08.08.2022 the Dictating Member for Pronouncement Date on which the fair order comes back to 08.08.2022 the Sr. PS/ PS Date on which the final order is uploaded 08.08.2022 on the website of ITAT Date on which the file goes to the Bench 08.08.2022 Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order