JINDAL CEMENT INDUSTRIES PVT. LTD. (FORMERLY KNOWN AS JINDAL PANTHER CEMENT PVT. LTD.),NEW DELHI vs. INCOME TAX OFFICER, WARD 13(3), NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2024-25, arises against the Addl/JCIT(A)-2, Hyderabad’s DIN & order No.
ITBA/APL/S/250/2025-26/1079358436(1) dated 07.08.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that the learned CIT(A) has affirmed the CPC’s processing dated 02.12.2024 declining the assessee’s claim of assessment under the “new” scheme u/s 115BAB of the Act; vide the following detailed discussion:
“5. Decision:
1 The Appel Facts, Return of I 2023-24, the Form Act for the AYs 20 carefully. The sole concessional rate o appellant has opt Form 10ID had bee return of Income that the taxation been denied in the 143(1) of the Act u/s 154 of the Act has not been given taxation u/s 115 B 2024-25 also. The the Order u/s 154 to AY 2023-24 als The extract of Fo below:
ITA N
Jindal Cement In 2
llant’s Grounds of Appeal, Statemen
Income for the relevant AYs 2024
10ID and the Orders u/s 143(1) of 23-24 and 2024-25 have been peru e issue in the appeal is the denia of taxation u/s 115BAB of the Act.
ed for the same in the AY 2023
en filed within the due date of filin for the said AY. However, it is fo opted for u/s 115 BAB of the Act e AY 2023-24 vide Intimation Order dated 26.11.2023. Thereafter in O t dated 07.01.2025 also, the Appel n relief. Consequentially, therefore,
BAB of the Act has been denied in Appellant has filed an Appeal aga of the Act dated 07.01.2025 pertai so, which is pending for adjudicat orm 10ID filed on 26.10.2023 is No. 6153/Del/2025
ndustries Pvt. Ltd.
nt of 4-25. f the used al of The 3-24. ng of ound has r u/s Order llant
, the n AY ainst ning tion.
s as Jindal Cement Industries Pvt. Ltd.
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5.2 As per Section 115BAB (2)(a) of the Act, one of the conditions for availing the taxation u/s 115BAB of the Act is that the company should have been set up and registered on or after 01.10.2019 and has commenced manufacturing or production of an article or thing on or before 31.03.2023 (amended as 31.03.2024 by Finance
Act, 2022 subsequently). In the instant case, as per
Form 10ID as above, the Date on which the company was set up or registered is stated to be 21.07.2021, however the column of date of commencement of manufacturing /
production is stated to be “–“. Thus the date of commencement of manufacturing / production is not mentioned in Form 10-ID. Thus it is ascertained that the taxation u/s 115 BAB could have possibly been denied due to the above declaration in Form 10ID itself.
Therefore, the disallowance is held to be correct and the Assessee’s Appeal is dismissed.”
1 This is what leaves the assessee aggrieved.
I have given my thoughtful consideration to the assessee’s and the Revenues vehement rival submissions. Learned departmental representative seeks to buttress the point that since the assessee’s very claim stands declined in the preceding assessment year as per CIT(A) above extracted discussion, the tribunal ought to follow judicial consistency to affirm the impugned disallowance of assessment u/s 115BAB herein as well.
I find no reason to express my agreement with the Revenue’s stand. It is made clear that the new regime of assessment u/s 115BAB comes into play in an instance wherein a company is set up and registered on or after the first day of October 2019 subject to a further rider that it commences manufacturing or production of article or things on or before Jindal Cement Industries Pvt. Ltd.
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31.03.2024. The assessee has filed it’s balance sheet and other relevant books of accounts indicating to have consumed raw material cost of Rs.1,59,000/- as well as depreciation and other expenditure etc. The tribunal is of the considered view that all this forms sufficient material to conclude the assessee’s commencement of production under the above statutory provision. Faced with this situation, I hereby accept the assessee’s instant sole substantive ground and direct the learned assessing authority to assess it under the new regime u/s 115BAB of the Act in very terms. Ordered accordingly.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 30/10/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 30/10/2025
*Subodh Kumar, Sr. PS*