DEPUTY COMMISSIONER OF INCOME TAX 3 (1), INDORE vs. M/S KRISHIDHAN SEEDS PRIVATE LIMITED, INDORE
What did the Tribunal hold?
The Tribunal set aside the impugned order and remanded the matter back to the Assessing Officer. This was due to the peculiar circumstances, including the absence of the assessee's representative and the ongoing insolvency proceedings.
What were the facts?
The revenue appealed against the CIT(A)'s order which partly allowed the assessee's appeal. The assessee's representative did not appear, and the company was undergoing proceedings before the NCLT and High Court.
What were the issues?
Whether the deduction under Section 35(2AB) was allowable without fulfilling prescribed conditions and filing a revised return. The overall financial affairs of the assessee were under scrutiny due to NCLT proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: DR. ARJUN LAL SAINI & SHRI PARESH M. JOSHI
Per Paresh M. Joshi, JM:
M/s Krishidhan Seeds Pvt. Ltd. ITA No. 200/Ind/2018 & CO No.34/Ind/2018
ITA No:200/Ind/2018- A.Y.2011-12
This is an Appeal filed by the revenue under section 253 of the income tax Act 1961,[ herein after referred to as the Act
for the sake of brevity] before this tribunal as & by way of an Appeal. The Assessee is aggrieved by the order bearing
Number:-IT-10774/2016-17 dated 11.12.2017 passed by the Ld. CIT(A), U/s 250 of
The order continues below.
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