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deduction u/s 80IA

DeductionsSection 80IASection 80IA745 judgments

M/S. THDC INDIA LIMITED,RISHIKESH vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DEHRADUN

In the result, appeal of the assessee is allowed

ITA 31/DDN/2022[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] M/S. Thdc India Ltd. Vs Pcit Ganga Bhawan, Aaykar Bhawan, Pragatipuram, Bye Pass 13 A, Subhash Road, Road, Rishikesh, Uttarakhand Uttarakhand-249201 Pan-Aaact7905Q Appellant Respondent Assessee By Shri Jeetan Nagpal, Ca Shri Sanjay Arora, Ca & Ms. Pallavi, Ca Revenue By Ms. Poonam Sharma, Cit Dr Date Of Hearing 08.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 27.03.2022 By Ld. Pr. Commissioner Of Income Tax, Dehradun [“Ld. Pcit”] Passed U/S 263 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Joint Venture Company Of Government Of India & Government Of Uttar Pradesh & Engaged In The Business Of Generation & Supply Of Hydro- Electric As Well As Wind Power & Also Engaged In Construction Of Hydro Power Plants. The Return Of Income Was Filed On 30.10.2017, Declaring Total Income Of Inr 6,84,04,420/- After Claiming Deduction U/S 80-Ia Of The Act Of Inr 948,40,76,282/-. The Book Profits Was Shown At Inr 7,84,96,09,382/- & Mat Of Inr 1,67,52,32,236/- Was Paid. The Case Of The Assessee Was Selected For Scrutiny & After Considering The Submissions Made, Total Income Was Assessed At Inr 4,63,78,80,698/- By Making Disallowance Out Of Deduction Claimed U/S 80-Ia Of The Act To The Extent Of Inr 211,15,54,378/- & Further Making Addition Of Inr 245,79,21,900/- On Account Of Late Payment Surcharge On Outstanding Debtors For The Period Of 10 Months Holding The Same As Taxable On Accrual Basis & No Deduction U/S 80Ia Was Allowed On Such Addition.

Section 143(3)Section 263Section 80Section 80I

late payment surcharge on outstanding debtors for the period of 10 months holding the same as taxable on accrual basis and no deduction u/s 80IA was allowed on such addition. 3. Against the said order, the assessee filed first appeal before Ld. CIT(A) which is pending as on date ... adequate inquiries and erred in directing the AO to re-frame the assessment after making necessary and proper inquiries regarding allowability of deduction u/s 80IA on capacity charges. 17. Before us, Ld.AR for the assessee submits that the ld. PCIT after examination of the material available on records, has initiated

P & R ENGINEERING SERVICES PRIVATE LIMITED.,NEW DELHI vs. CIRCLE 19(1), DELHI, DCIT, NEW DELHI, INDIA

In the result, appeal of the assessee is allowed

ITA 4537/DEL/2025[2018-19]Status: DisposedITAT Delhi11 Feb 2026AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] P & R Engineering Service Vs. Dcit Pvt. Ltd., 89, Lok Nayak Circle-19(1) Apartment, Rohini Courts, New Delhi S.O. Rohini Courts, North West Delhi, New Delhi- 110085. Pan-Aaccp0484E Appellant Respondent Appellant By Shri V.K. Agarwal, Ar & Shri Hrithik Lamba, Adv. Respondent By Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing 03.02.2026 Date Of Pronouncement 11.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 03.07.2025 Of Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2017-18/10031831 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 11.02.2021 Passed U/S 143(3) R. W. Sections 143(3A) & 143(3B) Of The Act Pertaining To Assessment Year 2018-19. 2. Brief Facts Of The Case Are That Assessee Has Claimed Deduction U/S 80-Ia Of The Act Of Inr 5,62,48,491/- Which Was Disallowed By The Ao For The Sole Reason That The Return Of Income Was Filed Belatedly On 30.03.2019 Though The Same Has To Be Filed Upto 31.10.2018 In Terms Of The Due Date As Per Section 139(1) Of The Act. Ld. Cit(A) Confirmed The Said Disallowance & Dismissed The Appeal Of The Assessee.

Section 119(2)(b)Section 139(1)Section 139(4)Section 143(3)Section 250Section 80Section 801ASection 80ASection 80I

merits. Accordingly, Ld. Sr. DR prayed that the matter be sent to the file of AO for necessary verification of the claim of deduction u/s 80IA of the Act made by the assessee. 6. Heard the contentions of both parties and perused the material available on record. On perusal ... technical default of delay in filing the return of income, it cannot be said that he has not examined the allowability of deduction u/s 80IA on the merits of the claim made by the assessee. 8. In view of the fact that CBDT has condoned the delay in filing

DCIT, CIRCLE 7(1), KOLKATA, AAYAKAR BHAWAN, KOLKATA vs. SARAT CHATTERJEE & CO. VSP PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 749/KOL/2025[2022-2023]Status: DisposedITAT Kolkata28 Jan 2026AY 2022-2023

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2022-23 Dcit, Circle-7(1), Kolkata ………….……………………….……….……….……Appellant Vs. Sarat Chatterjee & Co. Vsp Pvt. Ltd…….…………………….....……...…..…..Respondent Vasundhara, 9Th Floor, Sarat Bose Road, L R Sarani, Kol-20.. [Pan: Aadcs6139A] Appearances By: Shri Pradip Kumar Biswas, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Appellant. Shri Rishav Jain, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 12, 2025 Date Of Pronouncing The Order : January 28, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29.10.2024 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2014–15. 2. The Appeal Has Been Filed By The Revenue With A Delay Of 159 Days & The Revenue Has Filed A Petition For Condonation Of The Delay. After Going Over The Said Petition, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 143(1)Section 250Section 80Section 80I

been allowed by deleting the addition of Rs.23,23,75,920/- and the ld. CIT(A) directed the Assessing Officer to allow deduction u/s 80IA as claimed by the assessee. 5. Being dissatisfied, the revenue is in appeal before us challenging the impugned order by raising the following grounds ... submits that the assessee is a private limited company and the assessee filed return of income after claiming deduction u/s 80IA(4) 2 Sarat Chatterjee & Co. VSP Pvt. Ltd of the Act and in order substantiate the said deduction, the assessee had duly submitted audited balance sheet, copy of Form

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