Granules CZRO Private Limited Vs. Income Tax Officer

Parties Involved

Facts Summary

Granules CZRO Private Limited, an assessee, filed an appeal against the order passed by the Commissioner of Income Tax (Appeals) on 27.05.2024 for the Assessment Year 2023-24. The assessee contended that it was entitled to the benefits of section 115BAB of the Income Tax Act, 1961, which provides for a concessional tax rate for new manufacturing domestic companies. The assessee argued that it had commenced its manufacturing activities before 31/03/2024, but the Commissioner of Income Tax (Appeals) denied the benefit of the lower tax regime. The assessee further argued that it was not possible to file Form 10ID before commencing manufacturing activities and that the Revenue should consider the commencement of manufacturing activities for subsequent assessment years.…

Legal Issues

• 1. Validity of the Intimation issued by the Assessing Officer under section 143(1) of the Act without issuing a show cause notice under section 143(1)(a) of the Act.
• 2. Upholding the action of the Assessing Officer under section 143(1) of the Act, denying the claim under section 115BAB of the Act without providing justification.
• 3. Non-granting of sufficient opportunity of being heard to the appellant.
• 4. Absence of a reasoned decision, a mandatory facet of 'Audi Alteram Partem'.
• 5. Entitlement of the appellant to avail benefits of section 115BAB of the Act.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Similar Judgements

• Sir Chhotu Ram Educational And Cultural Society Vs. Commissioner of Income Tax (Exemptions) Chandigarh

  Delhi Bench benchAllowed

• Anybody Can Help Foundation Vs. ITO Exemp. 1(1)

  Mumbai Bench benchAY 2025-26 to 2029-30Allowed

• Cosmo Specialty Chemicals P. Ltd. vs. Income Tax Officer

  Delhi bench

• Ferranza Electric Vehicle Pvt. Ltd Vs. DCIT

  Delhi Bench benchAY 2023-24Allowed

• Huawei Telecommunications (India) Pvt. Ltd. Vs. ACIT

  Delhi Bench ‘D’ New Delhi benchAY 2021-22, 2022-23Dismissed

• Energy Mission Machineries (India) Pvt. Ltd. vs. Deputy Commissioner of Income Tax

  Ahmedabad bench