STAR WIRE (INDIA) VIDYUT PVT LTD,DELHI vs. DCIT,CIRCLE-22(2), DELHI
The appeal of the assessee is allowed partly with relief as\nallowed above
ITA 4259/DEL/2025[2023-24]Status: DisposedITAT Delhi17 Sept 2025AY 2023-24
Bench: Shri S Rifaur Rahman, Accountnat Member\Nand\Nshri Anubhav Sharma\N\Nita No.4259/Del/2025\N[Assessment Year: 2023-24]\N\Nstar Wire (India) Vidyut\Nprivate Limited,\N8C/6 Wea, 3Rd Floor, Abdul\Naziz Road, Karol Bagh,\Ndelhi-110005\Npan-Aaccp9042J\Nappellant\N\Nappellant By\Nshri Sachit Jolly, Sr. Adv.\Nshri Abmyudaya Shankar Bajpai, Adv.\Nshri Sohum Dua, Adv.\N\Nrespondent By\Nshri Ajay Kumar Arora, Sr. Dr\N\Ndate Of Hearing\N03.09.2025\Ndate Of Pronouncement\N17.09.2025\N\Ndeputy Commissioner Of Income\Ntax, Circle-22(2),\Nvs E-2 Block, S.P. Mukherjee Civic\Ncentre, Minto Road,\Nnew Delhi-110002\Nrespondent\N\Norder\N\Nper Anubhav Sharma, Jm,\N\Nthis Appeal Has Been Preferred By The Assessee Against Order Dated\N02.06.2025 Of The National Faceless Appeal Centre, Delhi/Ld. Cit(A) U/S 250\Nof The Income Tax Act, 1961 (Hereinafter Referred To As 'The Act') In Appeal\Nno.Nfac/202-23/10468552 Arising Out Of Order Of The Assessing Officer\Ndated 11.03.2025 Passed U/S 143(3) R.W.S.144B Of The Act Pertaining To\N Assessment Year 2023-24.\N\N2.\Nthe Assessee Company Filed Its Return Of Income Declaring Income At\Nrs.Nil After Claiming Deduction U/S 80Ia Of The Act. The Case Was Selected\Nfor Scrutiny & During Assessment Proceedings, The Assessing Officer Noticed\Nthat The Assessee Has Claimed Deduction U/S 80Ia Of The Act However Failed To\Nfulfil The Condition Required To Claim Deduction In The Form Of Filing Form\N10Ccb Which Should Be Filed Before Specified Date Which Was 30.09.2023.\Nhowever, This Form Was Filed On 23.10.2023. Therefore, The Disallowance U/S\N80Ia Of Rs.4,40,03,570/- Was Made.\N\N2.
Section 143(3)Section 234BSection 250Section 270ASection 80I
depreciation under section 32(1) (ii-a) of\nthe Act. As per the settled position of law, an assessee\nclaiming exemption has to strictly and literally comply\nwith the exemption provisions. Therefore, the said\ndecision shall not be applicable to the facts of the\ncase on hand, while considering the exemption\nprovisions. Even otherwise, Chapter III and Chapter\nVIA