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TMI Blog2013 (4) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer passed exparte assessment order u/s. 144 on dated 30.12.2008 in the absence of appearance from the side of assessee and computed total income of the assessee at Rs.99,69,050/-. The Assessing Officer made following additions:- (i). Amount payable for stock bought as owners only Rs. 6,65,038/- (ii). Amount of cane price payable Rs.24,71,218/- (iii). Other dues Rs.51,09,918/- (iv). Other Expenses Rs.25,00,000/- (v). Other Management expenses Rs. 1,00,000/- 2.1 The assessee filed reply dated 28.11.2008 before the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... past year or that proper records have been maintained and that the purchases have not been disallowed. On the issue of other dues, it was found that there was a heavy closing balance. Therefore, the addition is unjustified. The addition of other expenses was deleted because assessee-cooperative society was run on the principle of mutuality and giving services to the farmers and claiming various deductions was not found bogus. The addition of Rs.1,00,000/- was deleted considering the same as not excessive as compared to the last year. The ld. CIT(A), however, did not accept the contention of the assessee with regard to claim of assessee u/s. 80P(2)(a)(iii) of the IT Act because the same was not allowable. Accordingly, this ground was reject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. We have considered the rival submissions, perused the findings of the authorities below and also gone through the rectification order u/s. 154 of the IT Act dated 30.03.2012 passed by ACIT, Range-II, Gorakhpur (Assessing Officer). The Assessing Officer in the absence of any representation from the side of assessee made five additions to the income of the assessee as mentioned above and also declined to grant exemption u/s. 80P(2)(a)(iii) of the IT Act. The assessee at the appellate stage has raised additional ground of appeal claiming that in the preceding assessment year, the Assessing Officer has accepted the claim of assessee for grant of exemption u/s. 80P(2) of the IT Act in regular assessment orders for the assessment year 2002-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct to the provisions of this section, the sums specified in sub-section (2), in computing the total income of the assessee. (2) The sums referred to in sub-section (1) shall be the following, namely:- (a) in the case of a co-operative society engaged in- (i) (ii) .. [(iii) the marketing of agricultural produce grown by its members . 6.1 The requirement of the above provisions for claiming the deduction are that there should be gross total income of the assessee as specified under the above provisions for the purpose of claiming deduction. The assessee filed application u/s. 154 before the Assessing Officer which have been decided by the Assessing Officer vide order dated 30.03.2012 in which the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appeal of the assessee in ITA No. 01/Alld./2011, is dismissed as withdrawn, having become infructuous for the reasons mentioned above. 7. Now, we come to the departmental appeal in which we have already dismissed one of the grounds of the department regarding admission of additional evidence u/r 46A. Other grounds are raised on merits, which would be meaningless as the Assessing Officer himself has accepted the claim of assessee of returned loss in the order passed u/s. 154 of the IT Act dated 30.03.2012. The departmental appeal has also become infructuous once the Assessing Officer accepted the claim of the assessee in the rectification order u/s. 154 of the IT Act. Apart from the above, we have also gone through the reasons given by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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