MAHESH CHACHAN,GUWAHATI vs. PR. CONMMISSIONER OF INCOME TAX-2, GUWAHATI
In the result, appeal of the assessee is allowed
ITA 25/GTY/2020[2015-16]Status: DisposedITAT Guwahati27 Apr 2023AY 2015-16
Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2015-16 Mahesh Chachan Pr. Cit, Guwahati - 2 Kayal Market, Fancy Bazar, Vs. Guwahati-781001. Pan: Afxpc 3051 R (Appellant) (Respondent) Present For: Appellant By : Shri Jay Prakash Gupta, Fca Respondent By : Shri N.T. Sherpa, Jcit Date Of Hearing : 03.04.2023 Date Of Pronouncement : 27.04.2023 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) – Guwahati-2, (Hereinafter The ‘Ld. Cit(A)’ Dated 30.08.2019 For Assessment Year 2015- 16 Against The Order Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Ito, Ward-4(2), Guwahati, Dated 05.04.2017. 2. Grounds Raised By The Assesee Is On Challenging The Treatment Of Vat Remission As Not Eligible For Deduction U/S 80Ie Of The Act By Invoking The Provisions Of Revision U/S 263 Of The Act.
For Appellant: Shri Jay Prakash Gupta, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 142(1)Section 143(2)Section 143(3)Section 263Section 80I
13,88,272 was allowed u/s 80IE towards VAT
Remission which is not derived from the manufacturing activities and hence not eligible for the deduction, Accordingly a show cause notice was issued u/s 263 of the Act invoking the revisionary proceeding.
Assessee made its submission before the ld. PCIT and stated that income from other sources comprises of the following
