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TMI Blog2021 (10) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... )(a)(iii) of the Act. As per assessee an opportunity may be given to present the correct figures so as to determine proper deduction u/s. 80P(2)(a)(iii) of the Act thus in the interest of justice it is appropriate to remit this issue to the AO only for the purpose of quantification of deduction u/s. 80P(2)(a)(iii) of the Act, after going through the books of account of the assessee - Appeals by the assessee are partly allowed for statistical purposes. - ITA Nos. 1026 to 1029/Bang/2019 - - - Dated:- 28-9-2021 - Shri N.V. Vasudevan, Vice President And Shri Chandra Poojari, Accountant Member For the Appellant : Shri K. Mallaha Rao, Advocate For the Respondent : Shri K. Sankar Ganesh, Jt. CIT(DR)(ITAT), Bengaluru. ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) ought to have appreciated that, the claim under section 80P(2)(a) of the Act by the appellant is correct, but the CIT(A) disallowed the claim of the appellant is not correct, thus the order of the CIT(A) is against the principle of natural justice. 5. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) failed to appreciate that the claim of the appellant under section 80P(2)(a)(iii) of the Income Tax Act is correct, but without considering the same, upheld the additions made by the Assessing Authority are not correct, thus order of the CIT(A) are liable to be set aside. 6. On the facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itled for deduction u/s. 80P(2)(a)(iii) of the Income-tax Act, 1961 [ the Act ]. However, the AO as well as the CIT(Appeals) considered the same as income not eligible for deduction u/s. 80P(2)(a)(iii) of the Act. According to him, the issue may remitted back to the AO to consider the income from commission on marketing and agricultural produce for deduction u/s. 80P(2)(a)(iii) of the Act. 5. On the other hand, the ld. DR submitted that the assessee is engaged in 3 kinds of activities viz., :- purchase of arecanut from growers members; purchase of arecanut from other co-operative societies; and purchase of arecanut from traders. 6. According to the ld. DR, any income earned out of purchase of arecanut from traders and i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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