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ITA No.1073/Ahd/2024

Case No: ITA No.1073/Ahd/2024
Court: Income Tax Appellate Tribunal, Ahmedabad
Date: 9/25/2024

Parties Involved

appellantEris Lifesciences Limited
respondentPrincipal Commissioner of Income Tax-1, Ahmedabad

Facts Summary

The assessee, Eris Lifesciences Limited, filed an appeal against the order passed by the Principal Commissioner of Income Tax, Ahmedabad-1 for the Assessment Year 2018-19. The assessee raised several grounds of appeal, including the contention that the order passed by the Principal Commissioner of Income Tax was ab initio void being bad in law, and that the Principal Commissioner erred in setting aside the order passed by the NFAC. The assessee's income was enhanced by the Principal Commissioner, leading to the present appeal. The assessee argued that the Assessing Officer had taken a particular view after carefully examining the facts of the case in detail. The Departmental Representative argued that the Principal Commissioner was justified in setting aside the order as the Assessing Officer had not verified certain aspects, such as leave encashment and expenses paid to channel partners.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the order passed by the Principal Commissioner of Income Tax is ab initio void being bad in law?
  • 2. Whether the Principal Commissioner erred in setting aside the order passed by the NFAC?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

2 precedents cited in this judgement.

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