2021 (10) TMI 100

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....ed of by this consolidated order for the sake of convenience. 2. The assessee has raised the following common grounds in all the appeals:- "1. On the facts and circumstances of the case, order of the learned Commissioner of Income Tax (Appeals) dated 24/03/2019, for the AY-2011-12 is not maintainable in law. 2. On the facts and circumstances of the case, order of the learned Commissioner of Income Tax (Appeals), ought to have been allowed the appeal in full, instead of partly allowing the appeal, in the interest of justice and equity. 3. On the facts and the circumstances of the case the learned Commissioner of Income Tax (Appeals) ought to have appreciated that, the appellant society is established with the ob....

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.... the assessee case and the judgment which is relied by the CIT(A) is distinguishable from the fact of the appellant case, thus without appreciating the judgment which is relied by the Appellant and passed order is not correct, hence the order of the CIT(A) is liable to be set aside. 7. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) erred in treating a part of the commission earned from marketing of agricultural produce grown by members as non exempt income and learned CIT(A) ought to have treated entire income from commission earned from marketing of agricultural produce as exempt income. 8. Without considering the fact and merit of the case the learned CIT(A) confirming partly....

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.... CIT(Appeals) is justified in restricting the deduction to the extent of income from eligible business only. 7. We have heard both the parties and perused the material on record. Admittedly, in this case, the assessee has not maintained separate books for each activity carried out by it. The assessee purchased and sold arecanut from members and non-members and also earned income from members and derived commission income from trading activity also. The contention of the ld. AR is that the CIT(Appeals) arbitrarily adopted the figures for determining deduction u/s. 80P(2)(a)(iii) of the Act. According to him, an opportunity may be given to present the correct figures so as to determine proper deduction u/s. 80P(2)(a)(iii) of the Act. In ou....