2026 (8) TMI 1764

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.... Orders No. ITBA/NFAC/S/250/2025-26/1082160168(1), ITBA/NFAC/S/250/2025-26/1082129652(1), ITBA/NFAC/S/250/2025- 26/1082090487(1) & ITBA/NFAC/S/250/2025-26/1082090487(1) passed on 30.10.2025 & 29.10.2025, involving proceedings u/s 143(3) of the Income Tax Act, 1961; hereinafter referred to as, "the Act"; respectively. Heard both the parties at length. Case files perused. 2. The assessee's first and foremost appeal ITA No. 8870/Del/2025 raises the following substantive grounds: "1. The Ld. CIT(A)-NFAC, has erred on facts and in law under the circumstances of the case for not granting claim of Rs. 10,75,00,000 made through revised computation of income in assessment proceedings, on account of deduction claimed for annuitv disall....

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....rom the perusal of the computation of income for AY 2017-18, it is seen that there is no disallowance made u/s. 40(a)(ia) of the Act, and the disallowance is wrt to s. 37 and 43B of the Act. (As per pages 188 to 190 of the paper book). Hence the claim made by the appellant is factually incorrect, and thus, the same is not allowable to the appellant." 4. It has come in record therefore in the learned CIT(A) lower appellate discussion that the assessee could not even prove going by its computation in the preceding assessment year 2017-18 that the corresponding issue of section 40(a)(ia) disallowance ever arose in its case. There is no evidence to rebute the same which could take us to a different conclusion. Rejected accordingly. 5. Lea....

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.... section 143(1) processing dated 21.12.2019. We thus decline its instant latter ground in very terms subject to all just explanations. Its first and foremost appeal ITA No. 8870/Del/2025 fails therefore. 7. Now come the assessee's latter three appeals ITA No. 8871 to 8873/Del/2025 wherein its identical sole substantive grievance is that the learned lower authorities have erred in law and on facts in disallowing its exemption claim u/s 10(46) of the Act involving varying sums. The Revenue on the other hand, places on record a copy of the tribunal's recent order in assessee's case itself ITA no. 7252/Del/2018 for A.Y. 2013-14 dated 23.04.2025 declining the very relief of exemption for the precise reason that it has not been notified u/s 10....