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2022 (5) TMI 1065

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..... t the assessee could not produce details or evidences in claiming the deduction under Section 80P right from 2011. AO has made the addition since the assessee failed to furnish any explanation or objection against the disallowance. Similar was the case with the CIT (Appeals), when he passed the appellate order in 2013. Even in 2022, though opportunity was given to the assessee to produce the details, the assessee is not present for the last two hearing. In the absence of any evidence before us, we are not in a position to delete the additions as claimed in the grounds of appeal raised by the assessee. Hence, the above grounds are rejected and the appeal filed by the assessee is hereby dismissed. - I.T.A. No.148/Rjt/2014 - - - Dated:- 2 .....

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..... t includes the gross profit earned on retail business carried out amounting to Rs. 27,42,110/- form LPG divisions are earned on sales and services provided to non-members. Applying the same ratio of net profit on retail trade to non-members is worked out at Rs. 9,97,854/-. This profit is not covered under any provisions of section 80P(2)(a), 80P(2)(b), 80P(2)(d), 80P(2)(e), 80P(2)(f) of the Act. The deduction out of the profit of Rs. 9,97,854/- is available as per provisions of section 80P(2)(c) to the extent of Rs. 1,00,000/-. 4. This being the fact, a show cause notice was issued to the assessee vide letter No. JND/1(2)/Scru./2011-12 dtd. 11.11.2011 as to why net profit, after allowing deduction u/s. 80P(2)(c), earned from retail trade .....

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..... assessing officer nor before the undersigned, during the appellate proceedings, the appellant could not substantiate the deduction claimed u/s. 80P at Rs. 21,16,010/-. The authorized representative could not give the break-up of sale of goods in retail business among members and non-members with the support of any documentary evidence. In the absence of any credible information, backed by documentary evidence, the explanation given by the authorized representative, Shri D. R. Adhia cannot be entertained. The disallowance made at Rs. 8,97,854/- out claimed made u/s. 80P stands confirmed. 4. In the result, the appeal of the appellant is dismissed. 7. Aggrieved against the appellate order the assessee is in appeal before us on the so .....

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..... ote of the written request, the appeal was adjourned to 06.04.2022. None appeared on behalf of the assessee the case was adjourned to 17.05.2022, in both the days none appeared on behalf of the assessee. It is an admitted fact that the assessee could not produce details or evidences in claiming the deduction under Section 80P right from 2011. The Ld. AO has made the addition since the assessee failed to furnish any explanation or objection against the disallowance. Similar was the case with the Commission of Income Tax (Appeals), when he passed the appellate order in 2013. Even in 2022, though opportunity was given to the assessee to produce the details, the assessee is not present for the last two hearing. In the absence of any evidence be .....

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