DCIT, Circle-7(1), Kolkata Vs Bothra Shipping Services Pvt. Ltd.

Parties Involved

Facts Summary

The case involves an appeal by the revenue against the order of the Commissioner of Income Tax (Appeals) in appeal no.NFAC/2021-22/10336066 dated 17.01.2025 for the assessment year 2022-23. The revenue challenged the action of the Commissioner of Income Tax (Appeals) in granting the assessee the benefit of deduction u/s 80IA(4) in respect of Haldia Port division. The assessee argued that they were unable to make the claim before the Assessing Officer due to technical glitches in filing the return. The Commissioner of Income Tax (Appeals) deleted the addition as the Assessing Officer had no opportunity to verify the same. The revenue further challenged the disallowance of bad and doubtful debts by the Assessing Officer. The Commissioner of Income Tax (Appeals) upheld the disallowance as the assessee had not proved that the debts were actually bad.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) was correct in granting the assessee the benefit of deduction u/s 80IA(4)?
• 2. Whether the disallowance of bad and doubtful debts by the Assessing Officer was correct?

Judgment Outcome

Decided in favour of Revenue.

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