2021 (7) TMI 1167 - AT - Income Tax

Disallowance of appellant's claim of deductions u/s 80(P)(2)(d) and 36(1)(vii)(a) - HELD THAT - Hon'ble apex court s landmark decision in National Thermal Power Co. Ltd., 1996 (12) TMI 7 - SUPREME COURT as considered in tribunal s Special Bench s decision All Cargo Global Logistics Ltd. 2012 (7) TMI 222 - ITAT MUMBAI(SB) holds that we can very well entertain a new ground going to root of the matter so as to determine correct tax liability of a taxpayer. We go by the very analogy and find that the assessee s foregoing petition seeks to raise its additional substantive ground that it is eligible for Section 36(1)(viii) deduction in respective amounts transferred to special reserve since covered within the definition of; a specified entity; as per the provisions of the Act. DR fails to dispute that neither the Assessing Officer nor the CIT(A) has adjudicated the above clinching issue in their respective orders. We deem it appropriate to restore the impugned issue of Section 80P(2) disallowance claim back to the Assessing Officer to be examined afresh in light of Section 36(1)(viii) of the Act; as applicable in case of the specified entity; as per law, within three effective opportunities of hearing. It is further made clear that it shall be assessee s responsibility only to file all the necessary details. Assessee s appeal is treated as allowed for statistical purposes

Summary

Issues:
- Disallowance of deductions u/s 80(P)(2)(d) and 36(1)(vii)(a) of the Income Tax Act, 1961.
- Adjudication of the grounds of the appellant by CIT(A) and AO.
- Eligibility of deduction u/s 80(P)(2)(d) for a cooperative society.
- Disallowance of deduction u/s 36(1)(viia) for bad and doubtful debts.
- Estoppel on raising additional substantive grounds.
- Entertaining new grounds affecting the taxpayer's tax liability.
- Eligibility for Section 36(1)(viii) deduction for amounts transferred to special reserve.

Analysis:
1. The appellant contested the disallowance of deductions u/s 80(P)(2)(d) and 36(1)(vii)(a) by the AO and CIT(A). The appellant argued that the AO's decision was erroneous and unsustainable, emphasizing its status as a cooperative society formed in 1921. The appellant claimed that the AO failed to understand the nature of its investments and the applicability of the deductions under the IT Act.

2. The appellant raised concerns regarding the CIT(A)'s decision to uphold the disallowance of deductions u/s 80(P)(2)(d) without proper adjudication of the grounds presented. The appellant highlighted its eligibility for the deductions as a cooperative society and the specific nature of its income from investments with other cooperative societies.

3. The issue of disallowance of deduction u/s 36(1)(viia) for bad and doubtful debts was also contested by the appellant. The CIT(A) was criticized for not considering the appellant's claim and for stating that provisions for bad debts were mandatory, which the appellant argued was not the case under the IT Act.

4. The appellant sought to raise additional substantive grounds related to Section 36(1)(viii) deduction, which the Revenue objected to, citing estoppel. However, the tribunal referred to legal precedents allowing the consideration of new grounds crucial to determining the correct tax liability. The tribunal decided to restore the issue of Section 80P(2) disallowance back to the AO for re-examination in light of Section 36(1)(viii) within three opportunities of hearing.

5. Ultimately, the tribunal allowed the appeal for statistical purposes, emphasizing the need for a fresh examination of the disputed deductions and the eligibility for the Section 36(1)(viii) deduction. The appellant was instructed to provide all necessary details for the reassessment.