BIHAR STATE ROAD DEVELOPMENT CORPORATION LIMITED,PATNA vs. ACIT, COR-2, PATNA

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ITA 334/PAT/2024Status: DisposedITAT Patna24 July 2025AY 2017-181 pages
AI SummaryPartly Allowed

Facts

The assessee, Bihar State Road Development Corporation Limited (BSRDCL), is in appeal against orders of the Commissioner of Income Tax (Appeals) for various assessment years concerning disallowances of expenses claimed for Corporate Social Responsibility (CSR), interest on TDS, and deductions under Section 80-IA of the Income Tax Act, 1961. The Assessing Officer reopened the assessment and made additions, which were upheld by the CIT(A).

Held

The Tribunal noted 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 Tribunal set aside the order of the CIT(A) and remitted the matters back to him to consider these documents and readjudicate the grounds of appeal. Consequently, the appeals were partly allowed for statistical purposes.

Key Issues

Whether the disallowances made by the Assessing Officer and upheld by the CIT(A) regarding CSR expenses, interest on TDS, and deductions under Section 80-IA were justified, and whether the assessee was given sufficient opportunity during the assessment proceedings.

Sections Cited

Sec. 37(1) of the Income Tax Act, 1961, Sec. 80-IA of the Income Tax Act, 1961, Sec. 143(3) of the Income Tax Act, 1961, Sec. 147 of the Income Tax Act, 1961, Sec. 148 of the Income Tax Act, 1961, Sec. 250 of the Income Tax Act, 1961, Sec. 263 of the Income Tax Act, 1961, Sec. 115JB of the Income Tax Act, 1961

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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