2025 (10) TMI 759

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.... Shri Dheeraj Kumar Jaiswal, Sr.DR ORDER PER MANISH AGARWAL, AM : The present appeal is filed by assessee against the order dated 22.07.2024 passed by Ld. Commissioner of Income Tax (A)/ADDL/JCIT(A)-7, Mumbai ["Ld.CIT(A)"] in Appeal No.ADDL/JCIT(A)-7, MUMBAI/10013/2022-23 u/s 250 of the Income Tax Act, 1961 ["the Act"] arising out intimation order by CPC, Bengaluru dated 10.01.2024 passed....

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....fore, the provision u/s 115BAB was not available to the assessee and accordingly, the appeal of the assessee was dismissed. 4. Before us, Ld.AR vehemently submitted that the assessee since 2020-21, is claiming consistently rate of tax u/s 115BAB of the Act and filed the necessary Audit Report within the time. It is further submitted that assessee is a manufacturer and rightly claimed the subjec....

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....ities be set aside on this score and assessee be allowed to pay tax in terms of the rate prescribed u/s 115BAB of the Act. 5. On the other hand, Ld. Sr. DR for the Revenue vehemently supported the orders of the lower authorities and submits that the assessee has failed to establish with its manufacturer and therefore, Ld.CIT(A) has rightly hold that the assessee has not satisfied with the condi....