TaxTMI 
TaxTMI 
2025 (4) TMI 606
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.... the case, the learned Commissioner of Income Tax (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 rep....
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....is 31.10.2018 and not 31.08.2018. 7. On the facts and in the circumstances of the case, 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 ....
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....ad not proved that their books of accounts were audited under the Karnataka Co-operative Societies Act and therefore 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....
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....e heard the arguments of both sides and perused the materials available on record. 6. The admitted fact in this appeal 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....