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2019 (9) TMI 773 - AT - Income TaxNon granting deduction u/s 80-IA - admission of additional ground - HELD THAT - The assessee filed the letter on 24.03.2014 but the AO passed the order dated on 28.03.2014 without discussing the claim of additional ground of assessee. Subsequently, the assessee filed an appeal before the CIT(A) who dismissed this ground on the basis of this fact the same was not originated from the assessment order. Anyhow in the interest of justice, this ground is liable to be adjudicated at the end of the AO. Accordingly, we set aside the finding of the CIT(A) on all the issues and restore the issue before the AO to examine afresh by giving an opportunity of being heard to the assessee in accordance with law. Accordingly, we decide this issue in favour of the assessee against the revenue.
Issues involved:
1. Appeal and cross-objection against orders passed by the Commissioner of Income Tax (Appeals) relevant to A.Y. 2010-11 & 2011-12. 2. Appeal against order dated 24.09.2014 by the revenue for A.Y. 2010-11. 3. Dismissal of appeal by revenue due to tax effect being less than the monetary limit set by CBDT circulars. 4. Appeal by assessee against order dated 18.05.2015 for A.Y. 2011-12. 5. Disallowance of interest, business penalty, and Provident Fund contribution by AO. 6. Dismissal of additional grounds by CIT(A) and subsequent appeal by the assessee. 7. Adjudication of claim under section 80-IA of the Income Tax Act. Analysis: 1. The appeal and cross-objection were filed against orders passed by the Commissioner of Income Tax (Appeals) for A.Y. 2010-11 & 2011-12. The revenue's appeal for A.Y. 2010-11 was dismissed due to the tax effect being below the monetary limit set by CBDT circulars. The circulars enhanced the limit for filing appeals before the Tribunal to ?50,00,000. The decision was based on the circulars and a Co-ordinate Bench ruling, allowing a miscellaneous application if the appeal falls within specified exceptions. 2. The assessee's appeal for A.Y. 2011-12 challenged various disallowances made by the AO, including interest payments, business penalty disallowance, and Provident Fund contribution. The CIT(A) dismissed additional grounds raised by the assessee, leading to the appeal before the Tribunal. The Tribunal found that the CIT(A) erred in dismissing the additional grounds and remanded the issues back to the AO for fresh examination and decision in accordance with law. 3. The claim under section 80-IA of the Income Tax Act was a crucial point of contention. The assessee's claim for deduction was not considered by the AO or CIT(A) adequately. The Tribunal directed the AO to re-examine the claim, emphasizing the need for a fair assessment and adherence to the law. The Tribunal decided in favor of the assessee against the revenue on this issue and set aside the CIT(A)'s findings. In conclusion, the Tribunal dismissed the appeal and cross-objection related to A.Y. 2010-11, allowed the assessee's appeal for A.Y. 2011-12 for statistical purposes, and directed a fresh examination of the issues regarding disallowances and the claim under section 80-IA. The judgment highlighted the importance of adhering to CBDT circulars, fair assessment practices, and the need for thorough consideration of all claims and grounds raised by the parties involved.
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