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Tajpur S.K.U.S Ltd. Vs. DCIT, CPC, Bengaluru

Case No: I.T.A. No.: 1981/KOL/2024
Court: Income Tax Appellate Tribunal, Kolkata ‘SMC’ Bench, Kolkata
Date: 1/13/2025

Parties Involved

appellantTajpur S.K.U.S Ltd.
respondentDCIT, CPC, Bengaluru

Facts Summary

The assessee, Tajpur S.K.U.S Ltd., filed an appeal against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi, which was passed under section 250 of the Income Tax Act, 1961, for the assessment year 2018-19. The appeal was against the assessment order under section 143(1) of the Act, dated 09.08.2019. The assessee raised several grounds of appeal, including the illegality of the intimation passed under section 143(1) and the disallowance of a deduction of ₹7,70,505/- claimed under section 80P of the Act. The assessee argued that the disallowance was unjustified and sought reversal of the order. The Department, represented by S.B. Chakraborthy and Somnath Das Biswas, defended the order.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the intimation passed under section 143(1) and the rectification order under section 154 were issued in violation of the provisions of section 143(1)(a)(v) of the Income Tax Act, 1961.
  • 2. Whether the disallowance of deduction of ₹7,70,505/- claimed under section 80P of the Act was justified.
  • 3. Whether the Ld. CIT (Appeals) erred in dismissing the appeal on merits without following the provisions of law under section 143(1)(a)(v) of the Act.
  • 4. Whether the interest under sections 234A/B/C was justified.
  • 5. Whether the appellant is allowed to produce additional evidences.
  • 6. Whether the appellant is allowed to press new, additional grounds of appeal or modify, withdraw any of the above grounds at the time of hearing of the appeal.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

11 precedents cited in this judgement.

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