Keysight Technologies India Private Limited Vs DCIT (ITAT Delhi)
The Income Tax Appellate Tribunal, Delhi Bench, considered appeals filed by the assessee against orders dated 23.07.2024 passed by the Commissioner of Income-tax (Appeals), Panchkula, which arose from intimation orders dated 02.10.2019 and 15.03.2019 issued under Section 143(1) of the Income-tax Act, 1961, by the Centralised Processing Centre, Bangalore. Since the appeals involved a common issue, they were heard together, with Assessment Year 2018–19 taken as the lead year.
The assessee was incorporated in India on 14.02.2014 as a private limited company and was engaged in the business of marketing, distribution, and after-sales services of electronic measurement products manufactured by group entities. These products were used in sectors such as communications, aerospace and defence, industrials, and semiconductors.
During Assessment Year 2018–19, the assessee paid customs duty amounting to ₹99,35,027. While computing its total income, the assessee claimed deduction of this amount under Section 43B of the Act on the basis of actual payment. A communication dated 22.06.2018 was issued by the Assessing Officer proposing an adjustment under Section 143(1)(a)(iv) of the Act on the ground of “inconsistency in amount disallowed under section 43B in any preceding previous year but allowable during the previous year,” and the deduction was disallowed.
