2013 (6) TMI 873 - AT - Income Tax

Summary

Issues involved: Appeal against order of CIT(A) u/s 143(3) of the I.T. Act, 1961 for assessment year 2009-10. Grounds raised include disallowance of deductions u/s 80P(2)(e) and u/s 80P(2)(d) of the Income Tax Act.

Deduction u/s 80P(2)(e) - Storage Charges:
The assessee claimed deduction u/s 80P(2)(e) for storage income, but AO disallowed it based on High Court judgment that storage was part of business activity, not letting out. CIT(A) confirmed disallowance citing similar past decisions. Tribunal remitted issue of letting out godowns to AO for verification, allowing deduction for external letting but not for internal use. Second limb of the issue was allowed for verification.

Deduction u/s 80P(2)(d) - Dividend and Interest Income:
Assessee claimed deduction u/s 80P(2)(d) on dividend and interest income. AO rejected claim as investments were part of business activity. CIT(A) dismissed appeal despite past Tribunal orders in favor of assessee. Tribunal remitted issue back to AO for re-computation in line with past Tribunal directions, allowing the appeal for statistical purposes.

In conclusion, the appeal was partly allowed on both grounds of deduction u/s 80P(2)(e) and u/s 80P(2)(d) of the Income Tax Act.