PRIYANSHU BOIRAGI,GUWAHATI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI
In the result, the appeal of the assessee is dismissed
ITA 61/GTY/2021[2014-15]Status: DisposedITAT Guwahati24 Jul 2023AY 2014-15
Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2014-15 Priyanshu Boiragi Acit, Circle-1, Guwahati 16, Prasanti Path, Basistha Vs. Road, Survey Guwahati, Assam- 781028. Pan: Aiapb 4499 G (Appellant) (Respondent) Present For: Appellant By : Shri Jay Prakash Gupta, Fca Respondent By : Shri N.T. Sherpa, Jcit Date Of Hearing : 26.06.2023 Date Of Pronouncement : 24.07.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2012-13 Is Directed Against The Order Dated 27.10.2021 Passed By The Ld. Commissioner Of Income-Tax Appeals, Nfac, Delhi [Hereinafter Referred To As ‘The Ld. Cit(A)’]. The Assessee Has Raised The Following Grounds Of Appeal: “I. For That Both The Ld. Cit(A), Nfac As Well As Ld. J.A.O. Are Not Justified In Confirming/Rejecting The Petition Filed U/S. 154 Of I.T. Act 1961 Claiming Deduction U/S. 80(Ie) In Respect Of Vat Remission Claimed As Revenue Receipt In The Facts & Circumstances Of The Case Ii. For That The Ld. Cit(A), Nfac Was Not Justified Also In Not Considering The Cbdt Circular No. 39/2016 (F. No.279/Misc/140/2015/Itj Dated 29.11.2016 & No. 68 (F. No.245/17/71-A & Pac) Dated 17.11.1971 As Submitted By The Appellant Online Firstly On 16.01.2016 & Secondly On 05.10.2021 Vide Annexures - 5 & 6 In The Appellant'S Written Submission Dated 16.01.2021 While Passing The Appellate Order U/S. 250 Of I.T. Act 1961 Iii. For That The Ld. A.O. Has Not Considered In Right Perspective Rectification Petition Dated 21.04.2016, 09.04.2019 16.03.2020 Submitted Online Vide Annexure - 3 Of Appellant'S Written Submission Dated 16.01.2021. 2 Priyanshu Boiragi A.Y. 2014-15 Iv. For That The Other Grounds Of Law As Well As Of Facts, The Appellant May Be Allowed To Raise On Or Before The Hearing Of The Case.”
For Appellant: Shri Jay Prakash Gupta, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 143(3)Section 154Section 250Section 80
53,370/- in the hands of assessee on the ground that such VAT Remission cannot said to be core activity or for the purpose of the manufacturing business carried on by the assessee. Subsequent to the assessment order, assessee had filed rectification petition u/s 154 of the Act on various dates i.e. 21.04.2016, 09.04.2019 and 16.09.2020 respectively by which assessee
