9911796707
TMI Blog2022 (8) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... ction u/s 80P(2)(a)(vi) of the Act the assessee is eligible. Respectful observation of the order in the case of CIT v. Gurdaspur Hardochhenni Coop. L/C Society [ 2 007 (2) TMI 214 - PUNJAB AND HARYANA HIGH COURT ]. Accordingly, the gross receipt of the assessee is restricted amount to Rs.69,02,988/-. There is no change in the profit per centage. Accordingly, the assessee is eligible u/s 80P(2)(a)(vi). - I.T.A. No. 39/Asr/2018 - - - Dated:- 11-8-2022 - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Appellant : Sh. Tarun Bansal, Adv. And Sh. Lakshay Bansal, CA For the Respondent : Sh. S. M. Surendranath, Sr. DR ORDER PER ANIKESH BANERJEE, JM: The instant appeal was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain body of the order but has simply allowed deduction of Rs.50,000/- as mentioned hereinabove. No sufficient opportunity for disallowance of deduction u/s 80P(2)(a)(vi) as claimed has been given to the assessee. In the facts and circumstances of the case and in the interest of justice, all the grounds of the assessee s appeal are set aside to the file of the AO, who will decide the issue denovo but after affording adequate opportunity of being heard to the assessee with respect to the production of books of account, disallowance of deduction u/s 80P(2)(a)(vi) and allowance of deduction u/s 80P(2)(a)(vi). Accordingly, the arguments made by Ld. DR will not help the revenue. Thus, all the grounds of the assessee are allowed for statistical pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. counsel, the assessee received the gross contract receipt from working in different department of Government of Punjab. The turnover which is determined by the ld. AO is gross receipt which was the contract value. The lot of other parts are deducted from turn over. In the result, the gross contractual value is calculating Rs.69,02,988/-. Accordingly, the ld. counsel had submitted a letter to the ld. AO which is annexed in page no. 33 to 35 of APB with details calculation of turnover of assessee. The calculation of gross receipt is extracted as follows: Total contract receipts during the year 8589152.00 Less:- Deduction out of Gross Contract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T already determined the turnover, and the direction was made accordingly. Also related to deduction u/s 80P(2)(a)(vi) specific direction was made by the Hon ble ITAT in its order dated 13.10.204 in ITA No. 483/Asr/2014. 4. The ld. DR vehemently argued and relied on the order of Revenue authorities. 5. We heard the rival submissions and relied on the documents available in the record. In its fact, that the gross receipt should be determined by allowing the reasonable deduction of the items like TDS, VAT, security letter cess and other deduction. Accordingly, the assessee made a correct calculation related to calculation of the contract receipt. Both the Revenue authorities cannot go beyond the jurisdiction of all the orders of Hon ble ..... X X X X Extracts X X X X X X X X Extracts X X X X
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