GOODRICH CARBOHYDRATES LTD. vs ASSISTANT COMMISSIONER OF INCOME TAX

Judgment text excerpt

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24.04.2025 + W.P.(C) 4235/2025 GOODRICH CARBOHYDRATES LTD. .....Petitioner Through: Mr. Deepanshu Jain, Mr. Shaantanu Jain, Mr. Prateek Kumar & Mr. Manish Yadav, Advs. Versus ASSISTANT COMMISSIONER OF INCOME TAX.....Respondent Through: Mr. Abhishek Maratha, Mr. Apoorv Agarwal, Mr. Parth Samwal, Mr. Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms. Kuskan Goel & Mr. Himanshu Gaur, Advs. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (Oral) 1. The petitioner has filed the present petition impugning an order dated 29.11.2024 [impugned order] dated 29.11.2024 passed under Section 250/143(3) of the Income Tax Act, 1961 [Act] to give effect to the order dated 27.08.2020 passed by the Commissioner of Income Tax (Appeals) [CIT(A)]. 2. The petitioner had filed its return of income for the assessment year [AY] 2017-18 on 30.10.2017 declaring an income of ₹2,26,85,350/-. The petitioner’s return of income was picked up for scrutiny and a notice under Section 143(2) of the Act was issued on 13.08.2018. The said proceedings culminated in the Assessing Officer [AO] passing an assessment order dated 21.12.2019 under Section 143(3) of the Act. 3. The controversy centres around the addition of ₹5,87,096/- made by Signature Not Verified Digitally Signed W.P.(C) 4235/2025 Page 1 of 6 By:TARUN RANA Signing Date:02.05.2025 16:55:45 the AO on account of disallowance due to delay in depositing the Employees’ State Insurance [ESI]/Provident Fund [PF] under Section 36(1)(va) of the Act. 4. The petitioner filed an appeal against the assessment order dated 21.12.2019 before the CIT(A) assailing the said addition. The learned CIT(A) accepted the petitioner’s contention and allow