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TMI Blog2024 (1) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessment Year 2018-2019. 2. The only issue raised by the assesse is that the Ld. CIT(A) denied the claim made u/s 80P of the Act amounting to Rs. 4,74,831/- only. 3. The necessary facts are that the assessee in the present case is a cooperative housing society and claimed deduction u/s 80P of the Act of Rs. 4,74,831/- in the return file u/s 139 of the Act. However, the deduction claimed by the assessee was denied in the intimation generated u/s 143(1) of the Act, on the reasoning that the relevant columns in the return of income tax were not properly filed up. The assessee against such denial of its claim filed rectification application u/s 154 of the Act which was also denied in the order passed u/s 154 of the Act by observing as und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act. As per the Ld. CIT(A), there is an incorrect claim of deduction u/s 80P(2)(d) of the Act on the part of the assessee. Thus, Ld. CIT(A), upheld the order of the AO. 6. Being aggrieved by the order of Ld. CIT(A), the assessee is in appeal before us. 7. The Ld. AR before us filed its return of income and drawn our attention on the computation of income demonstrating that the deduction was claimed u/s 80P(2)(d)/2(c) of the Act. As per the Ld. AR, the deduction cannot be denied merely on the reasoning that the relevant columns in the income tax return were not filled up properly. 8. On the other hand, the Ld. DR submitted that the scope under the provision of section 154 of the Act is limited to the extent of apparent mistake. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Ltd Tax Appeal No. 473/2014 Dated 16.6.2014 (Copy attached Annexure 5). Further in recent judgement by Honurable ITAT (Ahmedabad) on the same facts in the case of Suramya Adobe Cooperative Housing Services Society Limited allowed the claim of the Appellant. Copy of the order attached. (Annexure 6). Further Honourable CIT (A) -3 Ahd. on the same facts in the case of Altius-2 Co. Op. Housing Service Society Limited allowed claim of the Appellant. Copy of the order attached. (Annexure 7). 9.2 The above submission has nowhere been doubted by the Ld. CIT(A). As such, the Ld. CIT(A) has denied the benefit to the assessee merely pointing out the defect in the income-tax return. 9.3 It is the settled position of law that the income has to be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the none of the authorities below has gone to verify the genuineness of the claim of the assessee whether it was within the provision of law. Thus, for the limited purpose, we are delegating the issue to the file of the AO for fresh adjudication to the extent to find out whether the interest in dispute has been earned from the co-operative society and from other sources. As such, the AO shall verify the deduction claimed by the assessee within the provisions of section 80P(d)/80P2(c)(ii) of the Act. Hence, the ground of appeal of the assessee is allowed for the statistical purposes.
10. In the result, the appeal filed by the assessee is allowed for the statistical purposes.
Order pronounced in the Court on 05/01/2024 at Ahmedabad. X X X X Extracts X X X X X X X X Extracts X X X X
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