M/s. Small Industries Development Bank Of India vs. Dy. Commissioner of Income Tax Circle-3(3)(1)
Parties Involved
Facts Summary
The assessee, M/s. Small Industries Development Bank Of India, filed its original return of income on 29-09-2016 declaring total income at Rs.1552,64,02,200/-. The assessee filed a revised return on 31-03-2018 revising income at Rs.1551,39,88,720/-. The original assessment was completed on 28-12-2018 at a total income of Rs.1646,52,55,744/-. The case was reopened under section 147 of the Income Tax Act, 1961, and a notice under section 148 was issued on 26.03.2021. The reasons for reopening were that the assessee had not disclosed full and true material in the return of income, leading to underassessment of income. The assessee filed objections against the reassessment proceedings, which were disposed of by the Assessing Officer on 31.01.2022. The Assessing Officer issued a Draft Assessment Order on 22.03.2022, which the assessee appealed against. The Commissioner of Income Tax (Appeals) decided in favor of the assessee on 19/06/2023. The revenue appealed against this order, which was dismissed by the Income Tax Appellate Tribunal on 30.09.2024.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the Commissioner of Income Tax (Appeals) was justified in allowing the appeal of the assessee on the issue of claim of deduction u/s.36(1)(viii) without appreciating that deduction has to be calculated on an amount not exceeding twenty per cent of the profits derived from eligible business computed under the head 'Profits and gains of business or profession' after making deductions under all other clauses of section 36(1) which includes the claim of deduction u/s.36(1)(viia)(c)?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
16 precedents cited in this judgement.
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