ELECTROSTEEL CASTINGS LTD., (SUCCESSOR COMPANY OF SRIKALAHASTI PIPES LTD.),KOLKATA vs. DCIT, CENTRAL CIRCLE 4(4),, KOLKATA

ITA 989/KOL/2026Status: DisposedITAT Kolkata14 July 2026AY 2016-20177 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee is entitled to the deduction under Section 32AC(1A) as the claim was admissible. However, since the claim was not examined by the AO, the issue was restored to the AO for limited verification.

What were the facts?

The assessee company claimed a deduction under Section 32AC(1A) of the Income Tax Act for new plant and machinery installed. This claim was not made in the original or revised return of income, leading to its rejection by the Assessing Officer and CIT(A).

What were the issues?

Whether an additional claim for deduction not made in the original or revised return can be entertained at the appellate stage. Whether the CIT(A) erred in not entertaining a legal claim when all facts were on record.

Which sections of the Income-tax Act were involved?

Section 32AC,Section 143(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

For Appellant: Shri S. K. Tulsiyan, Advocate &, Ms Lata Goyal, CA
For Respondent: Shri Dipu Koley, Sr. DR
Hearing: 22.06.2026Pronounced: 14.07.2026

PER RAJESH KUMAR, ACCOUNTANT MEMBER:

These two appeals preferred by the are assessee against the orders of the learned Commissioner of Income Tax (Appeals),National Faceless Appeal Centre, Delhi,(hereinafter referred to as the “ld. CIT(A)”], dated 29.01.2026 for the Assessment Years (AY) 2016-17 and 2017-18 respectively.

2.

The grounds raised by the assessee are as under:

“1. That, the order of the Ld. Commissioner of Income Tax (Appeals). Kolkata-27 dated 29.01.2026 passed u/s 250(6) of the Act is arbitrary,

ITA Nos.989 & 990/Kol/2026/AY 2016-17 & 2017-18 Electrosteel Casting

The order continues below.

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