TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Assessee wins appeal for 25% concessional tax rate under section 143(1) against CPC's 30% assessment</h1> <h3>M/s SGJ Enterprises Private Limited Versus DCIT-Circle Patiala, Patiala</h3> M/s SGJ Enterprises Private Limited Versus DCIT-Circle Patiala, Patiala - TMI The appeal concerns the correct application of the corporate tax rate for AY 2020-21. The assessee, a resident corporate entity, filed its return declaring income of Rs. 60.45 Lacs and applied a concessional tax rate of 25%, while the CPC applied the normal corporate tax rate of 30% under section 143(1). The assessee's rectification request under section 154 was rejected, and the CIT(A) dismissed the appeal on the ground that the proper remedy was to appeal against the intimation under section 143(1), not the rectification order under section 154. The Tribunal held that separate causes of action arose-one against the original intimation under section 143(1) and another against the rectification under section 154-and both are appealable before the CIT(A). Consequently, the appeal could not be dismissed on a mere technicality, and the appellate process could not be closed against the rectification order. Substantively, the Tribunal found that the assessee was not claiming the lower tax rate under section 115BAA but was entitled to the concessional tax rate of 25% applicable to corporate assessees with turnover below Rs. 250 Crores in FY 2016-17. The assessee's turnover was Rs. 2.07 Crores, qualifying it for the concessional rate. The AO was thus directed to recompute the tax payable applying the 25% rate. The appeal was allowed accordingly.
TaxTMI 
TaxTMI 
