M/S M/S BAGADIYA BROTHERS PVT.LTD., RAIPUR,RAIPUR (CG) vs. THE DY. COMMISSIONER OF INCOME TAX,-2(1),RAIPUR, RAIPUR (CG)
In the result, appeal of the assessee is allowed in terms of our aforesaid observations
ITA 37/BIL/2017[2011-12]Status: DisposedITAT Raipur24 Jan 2023AY 2011-12
Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No. 37/Rpr/2017 "नधा"रण वष" / Assessment Year : 2011-12 Bagadiya Brothers Pvt. Ltd. Bagadiya Mansion, Jawahar Nagar, Raipur (C.G.) Pan : Aabcb8934G .......अपीलाथ" / Appellant बनाम / V/S. The Dy. Commissioner Of Income Tax-2(1), Raipur (C.G.) ……""यथ" / Respondent
For Appellant: Shri G.S.Agrawal, CAFor Respondent: Shri Debashish Lahiri, CIT-DR
Section 143(2)Section 143(3)Section 35D
…le High Court of Calcutta in the case of Commissioner of Income-Tax Vs. Graphite India Ltd., (1996) 221 ITR 420 (Cal). Our aforesaid view is further fortified by the order of the Hon’ble High Court of Madras in the case of Chemplast Sanmar Ltd. v. ACIT (2019) 412 ITR 323 (Mad.). In the said case, the Hon’ble High Court had observed that as the new project set up by the assessee company was in light of business prudence and commercial expediency subsequently abandoned, therefore, considering the fact that the new project was managed from common funds and there was unity of control over all business units with the…