9911796707
TMI Blog2025 (4) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals), NFAC erred in upholding the order passed under Section 154 of the Act dated 14.12.2022, wherein the claim of Section 80P of the Act was denied to the Appellant. 2. On the facts and in the circumstances of the case, the learned Commissioner Of Income Tax (Appeals) erred in providing sufficient opportunity to the Appellant to put forth the submissions of the Appellant. 3. On the facts and in the circumstances of the case, the learned Commissioner Of Income Tax (Appeals) as well as the authorities below failed in appreciating the fact that there was no fresh claim for deduction and that the Society had not produced any new evidences or records, but only erred in reporting the date of audit in the Return of Income. The proof of au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, the learned Commissioner Of Income Tax (Appeals) as well as the authorities below failed to appreciate the fact that as the Return is filed within the applicable due date on 13.09.2018, the Society is eligible to claim the deduction under Section 80P of the Income Tax Act. 8. Further, the Appellant prays that he may be permitted to raise additional grounds during the course of hearing if required. 9. For these and such other grounds that may be urged at the time of hearing, the Appellant prays that the appeal may please be allowed to meet the ends of justice." 2. The assessee is a co-operative society and filed their return of income on 13/09/2018 declaring a total income of Rs. Nil. The return was processed and the deduction claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore observed that the CPC was rightly taken the due date of filing of return as 31/08/2018 and on that basis, the disallowance of deduction u/s. 80P of the Act is in order. As against the said order, the assessee is in appeal before this Tribunal. At the time of hearing, the assessee filed two paper books running from pages 1 to 160. In the paper book, the assessee enclosed the notification issued by the CBDT extending the period of limitation for filing the return of income along with the audit report. The assessee also enclosed the copy of the audit report and the auditor's letter to show that the audit report was made ready on 10/08/2018 before the date of filing of the return on 13/09/2018. The assessee also filed the typed copy of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is that the return of income was filed on 13/09/2018 and the deduction u/s. 80P was claimed by the assessee but mistakenly the details of the audit report was not mentioned in it and therefore the CPC had disallowed the deduction claimed u/s. 80P of the Act. Even at the time of filing the rectification application u/s. 154 of the Act, the assessee had not furnished the details of the audit report prepared under the provisions of the Karnataka Co-operative Societies Act. Therefore the AO had rejected the Section 154 application since no records were produced before it in order to grant the benefit of deduction u/s. 80P by considering the extended period of limitation granted by the CBDT. The assessee had also not furnished the date on w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
