NOIDA SPECIAL ECONOMIC ZONE AUTHORITY,NOIDA vs. DCIT, CIRCLE-2, NOIDA

ITA 6540/DEL/2018Status: DisposedITAT Delhi12 December 2025Bench: SHRIPAWAN SINGH, JUDICIAL MEMBERAND SHRIBRAJESH KUMAR SINGH (Accountant Member)15 pages
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What did the Tribunal hold?

The Tribunal held that the reassessment proceedings were initiated without valid reasons and that the CIT(A) erred in upholding the disallowances of excess depreciation and lease rent. It was noted that the entire profit of SEZ is deductible under Section 80IAB, making such disallowances academic.

What were the facts?

The assessee, Noida Special Economic Zone Authority, claimed deduction under Section 80IAB. The Assessing Officer initiated reassessment proceedings alleging that the return was filed belatedly, impacting the deduction claim. The CIT(A) upheld certain disallowances related to excess depreciation and lease rent.

What were the issues?

Whether reassessment proceedings were validly initiated and whether disallowances of excess depreciation and lease rent impacted the taxable income given the 100% deduction under Section 80IAB.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 80AB,Section 80AC,Section 80IAB,Section 139(1),Section 139(4),Section 10(20)

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Cases cited in this judgment(15)Show list

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Heard together (3 matters)

I.T.A No.6540/Del/2018
I.T.A No.6541/Del/2018
I.T.A No.6732/Del/2018

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F” NEW DELHI BEFORE SHRIPAWAN SINGH, JUDICIAL MEMBERAND SHRIBRAJESH KUMAR SINGH, ACCOUNTANT MEMBER आ.अ.सं/.I.T.A No.6540/Del/2018 िनधा"रणवष"/Assessment Year:2010-11 (Physical Hearing) NOIDA SPECIAL ECONOMIC ZONE AUTHORITY, बनाम DCIT, Phase-II, Dadri Road, Noida, Circle-2, Vs.

Uttar Pradesh.

Aayakar Bhawan, 2D, A-Block, Sector-24, PAN No.AAALN0639A Noida, Uttar Pradesh. अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6541/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 NOIDA SPECIAL ECONOMIC ZONE AUTHORITY, बनाम DCIT,Circle-2, Phase-II, Dadri Road, Noida, A-Block, Sector-24, Noida, Uttar Pradesh. PAN No.AAALN0639A अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं/.I.T.A No.6732/Del/2018 िनधा"रणवष"/Assessment Year:2012-13 ACIT, बनाम NOIDA SPECIAL ECONOMIC ZONE AUTHORITY, Circle-2, Phase-II, Dadri Road, Noida, Vs.

Aayakar Bhawan, 2D, Uttar Pradesh. A-Block, Sector-24, Noida, Uttar Pradesh. PAN No.AAALN0639A अपीलाथ" Appellant ""यथ"/Respondent Assessee by Shri Ram Avtar Sharma, CA & Shri Bhupesh Agarwal, CA Revenue by Ms. Monika Singh, CIT-DR सुनवाईक"तारीख/ Date of hearing: 26.11.2025 उ"ोषणाक"तारीख/Pronounc

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