M/S. SOLAR INDUSTRIES INDIA LIMITED,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-1(2), NAGPUR
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Income Tax Appellate Tribunal, NAGPUR BENCH : NAGPUR
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK RIPOTE
PER SATBEER SINGH GODARA, J.M. :
This assessee’s appeal for assessment year 2017-
2018, arises against the CIT(A)-3, Nagpur’s Order No. CIT(A)-
3/10184/2019-20, dated 27.07.2021, involving proceedings
u/s.143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
It emerges during the course of hearing that the
assessee’s sole substantive grievance canvassed in the instant
appeal challenges correctness of the learned lower authorities
action disallowing it’s business deduction claim of
2 I.T.A.No.72/NAG./2021 Rs.1,55,47,330/- representing secondary and higher
education cess; as the case may be, u/sec.40(ii) of the Act.
Learned counsel vehemently argued that the
impugned deduction claim has been wrongly rejected in both
the lower proceedings after invoking Explanation-3 to sec.40(ii)
of the Act inserted vide Finance Act, 2022 with retrospective
effect from 01.04.2005. We find the instant sole issue to be no
more res integra once hon’ble apex court in JCIT vs., Chambal
Fertilizers and Chemicals Ltd., [2023] 450 ITR 164 (SC) has
already settled the law in department’s favour to this effect.
Rejected accordingly.
This assessee’s appeal is dismissed.
Order pronounced in the open Court on 28.09.2023.
Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 28th September, 2023 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A)-3, 119, Aayakar Bhavan, Telangkhedi Road, Civil Lines, Nagpur. 4. The CIT (Central), Nagpur. 5. D.R. ITAT, Nagpur Bench, Nagpur. 6. Guard File.
//By Order//
//True Copy //
Assistant Registrar, ITAT, Pune Benches, Pune.
3 I.T.A.No.72/NAG./2021
S.No. Details Date 1 Draft dictated on 27.09.2023 Sr.PS 2 Draft placed before author 27.09.2023 Sr.PS 3 Draft proposed & placed before the Author .09.2023 J.M. 4 .09.2023 A.M. Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS .09.2023 Sr.PS 6 Kept for pronouncement on .09.2023 Sr.PS 7 Date of uploading of Order .09.2023 Sr.PS 8 File sent to Bench Clerk .09.2023 Sr.PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
