ANANTA PROCON PRIVATE LIMITED,UNJHA vs. THE ACIT, CIRCLE PATAN, PATAN

ITA 349/AHD/2022Status: DisposedITAT Ahmedabad05 April 2024AY 2017-18Bench: SHRI WASEEM AHMED (Accountant Member), Ms MADHUMITA ROY (Judicial Member)8 pages
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What did the Tribunal hold?

The Tribunal allowed the appeal for statistical purposes, remanding the issue of the unadjudicated additional ground to the CIT(A). For the second appeal, the Tribunal held that profit on sale of machinery and subcontract income were not taxable as claimed, but the issue of indirect income deduction was partly allowed, remanding it for fresh adjudication.

What were the facts?

The assessee raised an additional ground of appeal before the CIT(A) for claiming deduction under section 80IA(4) but it was not adjudicated. In another appeal, the AO disallowed deduction under section 80IA(4) on profit from sale of machinery, subcontract income, and indirect income, which was confirmed by the CIT(A).

What were the issues?

Whether the CIT(A) erred in not adjudicating an additional ground of appeal and whether certain incomes were eligible for deduction under Section 80IA(4) of the Act.

Which sections of the Income-tax Act were involved?

Section 80IA(4),Section 143(3),Section 153C,Section 250(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘’ B’’ BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED

For Appellant: Shri M.K Patel, AR
Hearing: 20/02/2024Pronounced: 05/04/2024

Heard together (2 matters)

ITA No.349/AHD/2022
ITA No.870/AHD/2023

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

PER WASEEM AHMED, ACCOUNTANT MEMBER:

The captioned two appeals have been filed at the instance of the Assessee against the separate orders of the Learned Commissioner of Income Tax (Appeals) Gandhinagar, arising in the matter of assessment order passed under s. 143(3) r.w.s. 153C of the Income Tax Act, 1961 (here-in-after referred to as "the Act") relevant to the Assessment Year 2017-18 & 2018-19. ITA no.349 & 870/AHD/2022/2023 A.Y. 2017-18 & 2018-19 2

2.

The only effective issue raised by the assessee is that the ld. CIT-A erred in not adjudicating the additional ground of

The order continues below.

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