TaxTMI 
TaxTMI 
2013 (4) TMI 986
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....audited accounts etc. the Assessing Officer passed exparte assessment order u/s. 144 on dated 30.12.2008 in the absence of appearance from the side of assessee and computed total income of the assessee at Rs.99,69,050/-. The Assessing Officer made following additions:- (i). Amount payable for stock bought as owners only Rs. 6,65,038/- (ii). Amount of cane price payable Rs.24,71,218/- (iii). Other dues Rs.51,09,918/- (iv). Other Expenses Rs.25,00,000/- (v). Other Management expenses Rs. 1,00,000/- 2.1 The assessee filed reply dated 28.11.2008 before the Assessing Officer claiming that its income is exempt U/s. 80P(2)(a)(iii) of the IT Act. The Assessing Officer, however, was of the view that as no evidence as regards to assessee h....
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....y closing balance. Therefore, the addition is unjustified. The addition of other expenses was deleted because assessee-cooperative society was run on the principle of mutuality and giving services to the farmers and claiming various deductions was not found bogus. The addition of Rs.1,00,000/- was deleted considering the same as not excessive as compared to the last year. The ld. CIT(A), however, did not accept the contention of the assessee with regard to claim of assessee u/s. 80P(2)(a)(iii) of the IT Act because the same was not allowable. Accordingly, this ground was rejected. 2.3 The assessee is in appeal on several grounds of appeal, in which the assessee challenged the order of ld. CIT(A) in not granting deduction u/s. 80P(2)(a)(iii....
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....3.2012 passed by ACIT, Range-II, Gorakhpur (Assessing Officer). The Assessing Officer in the absence of any representation from the side of assessee made five additions to the income of the assessee as mentioned above and also declined to grant exemption u/s. 80P(2)(a)(iii) of the IT Act. The assessee at the appellate stage has raised additional ground of appeal claiming that in the preceding assessment year, the Assessing Officer has accepted the claim of assessee for grant of exemption u/s. 80P(2) of the IT Act in regular assessment orders for the assessment year 2002-03 and 2003-04. The ld. CIT(A) considering it to be legal in nature, admitted the additional ground of appeal. The assessee also filed additional evidences before the ld. CI....
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.... be the following, namely:- (a) in the case of a co-operative society engaged in- (i) ……………………… (ii) …………………….. [(iii) the marketing of agricultural produce grown by its members". 6.1 The requirement of the above provisions for claiming the deduction are that there should be gross total income of the assessee as specified under the above provisions for the purpose of claiming deduction. The assessee filed application u/s. 154 before the Assessing Officer which have been decided by the Assessing Officer vide order dated 30.03.2012 in which the Assessing Officer specifically noted that the assessee filed rectificatio....
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....d as withdrawn, having become infructuous for the reasons mentioned above. 7. Now, we come to the departmental appeal in which we have already dismissed one of the grounds of the department regarding admission of additional evidence u/r 46A. Other grounds are raised on merits, which would be meaningless as the Assessing Officer himself has accepted the claim of assessee of returned loss in the order passed u/s. 154 of the IT Act dated 30.03.2012. The departmental appeal has also become infructuous once the Assessing Officer accepted the claim of the assessee in the rectification order u/s. 154 of the IT Act. Apart from the above, we have also gone through the reasons given by the ld. CIT(A) for deleting the additions on merits which were b....