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2023 (1) TMI 35

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..... Addl. CIT ORDER PER GIRISH AGRAWAL , ACCOUNTANT MEMBER : This appeal by the assessee is arising out of the order of CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide Order No. ITBA/NFAC/S/250/2021-22/1041423040(1) dated 24.03.2022 against the assessment order passed u/s 143(3) read with sections 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') by N .....

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..... peal." 3. Facts of the case are that the assessee is a registered society under the West Bengal Act XXVI of 1961 and assessed as an Association of Persons (AoP). Assessee is engaged in Agricultural activities, farming and produced high yield seeds of paddy, pulses and other medicinal plants derived from agricultural land of members. Assessee filed its return of income on 14.01.2019 reporting tot .....

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..... is evident that returned income of the assessee was accepted as the income assessed u/s 143(3). The moot point before the Tribunal is in respect of demand raised by the ld. AO in the computation sheet, of Rs. 14,00,517/- wherein the deduction claimed u/s 80P(2) has not been taken into account, which is not in agreement with the assessment order passed by the ld. AO. 5. Ld. Counsel for the assess .....

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..... the material available on record. We find that the submission made by the ld. Counsel are worth considering and the demand raised in the computation sheet is not in agreement with assessment order passed by the ld. AO. We refer to the provisions of section 156 of the Act relating to notice of demand according to which the assessee shall be served with a notice of demand in the prescribed form when .....

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