BIHAR STATE ROAD DEVELOPMENT CORPN. LTD.,PATNA vs. ACIT, CIRCLE 2, PATNA

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ITA 331/PAT/2024Status: DisposedITAT Patna24 July 2025AY 2013-141 pages
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Facts

The assessee, Bihar State Road Development Corporation Limited (BSRDCL), is in appeal against orders of the CIT(A) for assessment years 2012-13 to 2018-19. The appeals involve issues related to disallowance of Corporate Social Responsibility (CSR) expenses, interest on TDS, and deductions claimed under Section 80-IA of the Income Tax Act on interest income.

Held

The Tribunal found that some documents were filed for the first time before it and were not considered by the CIT(A). In the interest of justice, the orders of the CIT(A) were set aside and remitted back to the CIT(A) for fresh adjudication, considering the newly filed documents and grounds.

Key Issues

Whether the disallowance of CSR expenses and deductions under Section 80-IA on interest income by the lower authorities was justified, especially considering the timing of the amendment to Section 37(1) and the nature of the assessee's business.

Sections Cited

Sec 37(1), Sec 80-IA, Sec 143(3), Sec 147, Sec 148, Sec 115JB

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Income Tax Appellate Tribunal, PATNA BENCH AT KOLKATA

Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA

आयकर अपीलीय अधिकरण पटना पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH AT KOLKATA [वर्चुअल कोटु] [Virtual Court] श्री संजय शमाु, न्याधयक सदस्य एवं श्री राकेश धमश्रा, लेखा सदस्य के समक्ष Before SHRI SONJOY SARMA, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024 AYs: 2012-13, 2013-14, 2014-15, 2014-15, 2017-18 & 2018-19 ITO, Ward-2(1), Patna

Bihar State Road Development ACIT, Circle-2, Patna Corporation Limited (BSRDCL) Vs. Income Tax Department, NFAC, Delhi (Appellant) (Respondent) PAN: AADCB7567M Appearances: Assessee represented by : Abhi Sarkar, AR. Department represented by : Rajat Datta, CIT. Date of concluding the hearing : 15-July-2025 Date of pronouncing the order : 24-July-2025 ORDER PER BENCH: These six appeals filed by the assessee are against the separate orders of the Commissioner of Income Tax (Appeals)-NFAC, Delhi

Assistant Registrar ITAT, Kolkata Benches Kolkata