2023 (8) TMI 761

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....facts and circumstances of the case, the learned Commissioner of Income Tax (Appeal) has erred in not granting deduction u/s 80P of Rs. 2906100/- as per rectification and restricted to Rs. 1420206/- 2. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeal) has erred in not allowing deduction of interest and dividend as claimed in the return of income us/s 80P of the Income Tax Act. 3. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeal) has erred in disallowing Rs. 1 lakh from salary. 4. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeal) has erred in not granting deduction in respect of interest and dividend received....

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....2 and ultimately died on 21/01/2023. Copy of death certificate is already placed on record. The ld. AR of the assessee submits that non-filing of appeal within time was neither intentional nor deliberate but due to the reasons beyond control of secretary of society. There was no malafide intention of the assessee, rather delay was for the reasons explained above. The ld. AR submits that the assessee has good case on merit and will suffer prejudice if delay in filing of appeal is not condoned. 3. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the revenue opposed the plea of condonation of delay. The ld. Sr. DR submits that the application for condonation of delay does not disclose the proper reason for co....

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....d being not pressed. 6. Ground No. 5 of the appeal relates to demand of tax of Rs. 5.19 lacs against the tax of Rs. 29,059/- as claimed in the rectification application. The ld. AR of the assessee submits that the Assessing Officer has not worked out the tax as per the tax rate applicable on cooperative society, against which the assessee has already filed an application for rectification, which is pending before assessing officer. The ld. AR of the assessee confronted with the fact that this ground of appeal is not emanating from the impugned order of ld CIT(A). On confronting such fact, the ld. AR fairly accepted his application is still pending before the Assessing Officer. Considering the fact that the application of assessee for recti....

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....ly Rs. 50,000/- deduction from business under Section 80P(2)(c) of the Act. Thus, the explanation of assessee was not considered satisfactory and additional salary expenses of Rs. 1.00 lacs was disallowed and added to the total income of assessee. 9. Aggrieved by the disallowance of salary expenses of Rs. 1.00 lac, the assessee filed appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee made similar submissions as made before the Assessing Officer. The ld. CIT(A) after considering the submissions of assessee, concur with the action of Assessing Officer by holding that he is in agreement with the findings of Assessing Officer. Further aggrieved, the assessee has filed the present appeal before this Tribunal. 10. I have heard th....