2020 (5) TMI 544 - AT - Income Tax

Partial success for taxpayers before ITAT on deduction disallowance under section 80P(2)(d), emphasis on detailed reasoning.

The ITAT partially allowed the appeals, remitting them back to the CIT(A) for detailed reconsideration and speaking orders regarding the disallowance of ... Deduction u/s 80P(2)(d) - Interest income received from Thiruvananthapuram District Cooperative Bank Ltd. - plea of the assessee is that the assessee is entitled for deduction u/s. 80P(2) and 80P(2)(a)(i) if the assessee is not granted deduction u/s. 80P(2)(d) - HELD THAT:- As seen from the order of the CIT(A), the CIT(A) has given very cryptic findings and not addressed the above grounds. Hence, we remit this issue to the file of the CIT(A) for fresh consideration by passing a speaking order. Accordingly, the grounds of appeal of the assessee are partly allowed for statistical purposes. Deduction u/s 80P(2)(d) on the interest income received from Thiruvananthapuram District Cooperative Bank Ltd - According to the Ld. AR, this alternative claim of the assessee is to be examined by the CIT(A) by passing a speaking order - HELD THAT:- As seen from the order of the CIT(A), the CIT(A) has given very cryptic findings and not addressed the above grounds. Hence, we remit this issue to the file of the CIT(A) for fresh consideration by passing a speaking order. Accordingly, the grounds of appeal of the assessee are partly allowed for statistical purposes. Issues Involved:- Disallowance of deduction under section 80P(2)(d) for interest income received from a cooperative bank for assessment years 2014-15 and 2015-16.- Compliance with directions issued by the appellate authorities and the interpretation of relevant provisions of the Income Tax Act.Analysis:Issue 1: Disallowance of deduction under section 80P(2)(d)- The appeals were filed against the CIT(A)'s orders disallowing the deduction under section 80P(2)(d) for interest income received from a cooperative bank.- The ITAT remitted the issue back to the CIT(A) for fresh consideration due to the cryptic findings in the CIT(A)'s orders.- The ITAT held that the assessee is entitled to deduction under section 80P(2) and 80P(2)(a)(i) if not granted under section 80P(2)(d), emphasizing the need for a detailed examination by the CIT(A).- The ITAT directed the CIT(A) to pass a speaking order addressing the grounds raised by the assessee, particularly related to compliance with directions and the legality of disallowances.Issue 2: Compliance with Appellate Directions- The Assessing Officer's orders giving effect to the CIT(A)'s directions were challenged by the assessee for non-compliance and arbitrary disallowances.- The ITAT found that the CIT(A) did not adequately address the grounds raised by the assessee, leading to a remittance of the issues for fresh consideration.- The ITAT emphasized the importance of following appellate directions and ensuring a proper examination of claims and compliance with legal provisions.Conclusion:- The ITAT partially allowed the appeals for statistical purposes and remitted the cases back to the CIT(A) for a detailed reconsideration and speaking orders.- The Stay Petitions filed by the assessee were dismissed as infructuous due to the remittance of the main appeals for fresh consideration.- The ITAT highlighted the necessity for thorough examination of claims, compliance with appellate directions, and the importance of providing detailed and reasoned decisions in tax matters to ensure justice and legality in assessments.