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2023 (8) TMI 1501 - AT - Income TaxDisallowance of deduction claimed u/s 80P - only contention of the AR is that the return of income was filed after claiming deduction u/s 80P well before the due date of filing of the return of income - HELD THAT - AR submitted a copy of audit report for the Finanical Year 2017-18 before the Tribunal and filed statements of receipts and payments income and expenditure Balance Sheet Profit and Loss Statement etc. and contended that the assessee was not given oportunity before the CIT(A) to substanstiate it s case and therefore pleaded for one more opportunity of being heard before the Ld.CIT(A). DR has not raised any objection for the same. We are inclined to direct the Ld.CIT(A) to afford one more opportunity of being heard before the Ld.CIT(A) - Appeal of the assessee is allowed for satistical purpose.
Issues:
1. Disallowance of deduction u/s 80P of the Income Tax Act, 1961. 2. Rejection of rectification request u/s 154 of the Act. 3. Appeal against the order of the Ld.CIT(A). 4. Grounds of appeal raised before the Tribunal. 5. Consideration of deduction u/s 80P, fresh addition of interest earned, and levy of interest u/s 234A, 234B & 234F. 6. Opportunity of being heard and principles of natural justice. Analysis: Issue 1: Disallowance of deduction u/s 80P of the Income Tax Act, 1961 The appellant, a cooperative society, filed its return of income claiming a deduction u/s 80P for the A.Y. 2018-19. However, the Ld.CPC disallowed the deduction and raised a demand. The Ld.CIT(A) partly allowed the appeal, restricting the deduction claimed. The Tribunal directed the Ld.CIT(A) to afford the appellant one more opportunity to be heard, emphasizing adherence to the notices issued by the department and submission of relevant documents. Issue 2: Rejection of rectification request u/s 154 of the Act The appellant's rectification request u/s 154 was rejected by the Ld.CPC without due consideration. This action was challenged by the appellant, leading to the appeal process. Issue 3: Appeal against the order of the Ld.CIT(A) The appellant appealed against the order of the Ld.CIT(A), citing errors in disallowing the deduction u/s 80P, making fresh additions, and confirming the levy of interest. The appellant contended that the Ld.CIT(A) erred in not providing an opportunity to substantiate its claim, violating the principles of natural justice. Issue 4: Grounds of appeal raised before the Tribunal The grounds of appeal raised before the Tribunal included challenges to the impugned order, disallowance of deduction u/s 80P, fresh addition of interest earned, and the levy of interest u/s 234A, 234B & 234F. The appellant sought the deletion of the impugned addition and emphasized the need for a fair hearing. Issue 5: Consideration of deduction u/s 80P, fresh addition of interest earned, and levy of interest u/s 234A, 234B & 234F The Ld.AR argued that the deduction u/s 80P should have been allowed since the return was filed before the due date. The Ld.CIT(A) was criticized for making incorrect additions and confirming the levy of interest without proper justification. The Ld.DR supported the Ld.CIT(A)'s decision. Issue 6: Opportunity of being heard and principles of natural justice The Tribunal emphasized the importance of affording the appellant a fair hearing and directed the Ld.CIT(A) to provide another opportunity for the appellant to present its case. The Tribunal stressed the need for adherence to procedural requirements and submission of relevant documents for a comprehensive adjudication. This detailed analysis covers the key issues and the Tribunal's decision in the legal judgment.
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