PRINCIPAL COMMISSIONER OF INCOME TAX- 04 DELHI vs MITSUBISHI CORPORATION (INDIA) PVT LTD

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 03.09.2025 + ITA 370/2025 PRINCIPAL COMMISSIONER OF INCOME TAX - 4 DELHI .....Appellant Through: Mr. Abhishek Maratha, Sr. Standing Counsel, Mr. Apoorv Agarwal, Mr. Parth Samwal, Jr. SCs, Ms Nupur Sharma, Mr. Gaurav Singh, Mr. Bhanukaran Singh Jodha, Ms Muskaan Goel, Mr. Himanshu Gaur and Mr. Nischay Purohit Advs. versus MITSUBISHI CORPORATION (INDIA) PVT LTD .....Respondent Through: Mr. Mayank Nagi, Adv. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR V. KAMESWAR RAO , J. (ORAL) CM APPL. 54672/2025, CM APPL. 54673/2025 1. For the reasons stated in the applications, the delay of 29 days in filing and 914 days in re-filing the appeal, is condoned. 2. Accordingly, the applications are disposed of. ITA 370/2025 3. This appeal is filed under Section 260A of The Income Tax Act, 1961 (the Act) lays a challenge to the order dated 12.08.2022 in ITA No. 9364/DEL/2019 passed by Income Tax Appellate Tribunal (the Tribunal). Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS ITA 370/2025 Page 1 of 18 Signing Date:08.09.2025 19:13:13 The issue is relatable to Section 40A(i) of the Act for the Assessment Years (AY) 2016-17. The Tribunal in paragraph 8 has stated as under : “8. We have carefully perused the order of this Tribunal. This Tribunal has also considered this issue in ITA No.5184/Del/2017 for A.Y.2013-14. The relevant findings read as under:- “16. Following the decision rendered by coordinate Bench of the Tribunal in assessee’s own case in AY 2010/11 and the decision rendered by Hon’ble High Court in CIT vs. Herbalife International India (P.) Ltd., wherein the assessee was an intervener, we are of the considered view that AO/DRP have erred in disallowing of Rs.30,41,71,07