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TMI Blog2024 (8) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... interest on fixed deposits if any is not allowed u/s. 80P(2)(d) has to be considered in accordance with law by allowing the expenditure u/s. 57. Various decisions of this Tribunal may also be referred to for the sake of completeness of this issue. Appeals filed by the assessee stands allowed for statistical purposes. - Smt. Beena Pillai, Judicial Member And Shri Laxmi Prasad Sahu, Accountant Member For the Assessee : Ms. Lakshmi .S, Advocate For the Revenue : Shri Sreenivasa Karthik Devara, JCIT (DR) ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeals arise out of a consolidated order passed by Ld.CIT(A)-11, Bangalore for A.Ys. 2015-16 and 2018-19. 2. At the outset, the Ld.AR submitted that there was delay of 112 days in filing both t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficient cause and reasonable cause to condone the delay of 112 days as observed by Hon ble Supreme Court in case of Collector Land Acquisition Vs. Mst. Katiji Ors., reported in (1987) 167 ITR 471 in support of his contentions. 3.2. We place reliance on following observations by Hon ble Supreme Court in case of Collector Land Acquisition Vs. Mst. Katiji Ors., reported in (1987) 167 ITR 471 wherein, Hon ble Court observed as under:- The Legislature has conferred the power to condone delay by enacting section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits . The expression sufficient cause employed by the Legislature is adequately elastic to enable the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation has been drafted to construe it strictly, the fact remains that, considering such technicalities will not advance the cause of justice. Accordingly, we condone the delay in filing the present appeals before the Ld.CIT(A). 4. At the outset, the Ld.AR submitted that, this is the second round of litigation. He submitted that this Tribunal remitted the issue to the Ld.AO to consider the claim of assessee regarding deduction u/s. 80P(2)(a)(i) of the act in accordance with law. The Ld.AR submitted that, the assessing officer once again dismissed the claim of assessee by relying on the decision of Hon ble Supreme Court in case of Citizen Co-operative Society Ltd. vs. ACIT reported in 397 ITR 1. He submitted that the authorities below did n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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