TaxTMI 
TaxTMI 
2025 (5) TMI 2133
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....rcumstances of the case, the disallowance, imposition of tax and Interest with reference thereto, the quantification of taxable income and the tax liability, has been grossly unjustified, erroneous and unsustainable and necessary direction be given to the Ld. AO to give appropriate relief in accordance with law. 2. That on the facts and circumstances of the case the Ld. CIT- (A) has erred in sustaining the disallowance made u/s 143(1) without considering the facts that they are out of the preview of the section 143(1) and hence order passed is grossly unjustified, erroneous and unsustainable. 3 That on the facts and circumstances of the case and without prejudice to the Ground No. 2:0 above, the Ld. CIT-(A) has erred in co....
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....anies Act which does not have any bearing under Income Tax Act and hence addition sustained is illegal, ultra virus and not sustainable in the eyes of law. 9 That on the facts and circumstances of the case the Ld. CIT- (A) has erred in the confirming the levy of excess interest u/s 234 B and 234 C of the Act. 10 That the appellant craves leave, to add, to amend, modify, rescind, supplement, or alter any of the grounds stated here in above, either before or at the time of hearing of this appeal." 2. The brief facts of the case are that during the year under consideration, the assessee received enhanced compensation of Rs. 2,54,64,942/- on account of compulsory acquisition of agricultural land and claimed amount as exempt....
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....g the disallowance made U/s 143(1) without considering the material facts that they are out of the preview of the section 143(1) and confirmed the consideration of enhanced compensation received on compulsory acquisition of agricultural land amounting to Rs. 2,54,64,942/- in the business of income rather than treating it as exempt income and the Ld. CIT(A) reluctant to consider the fact that the same was typo error and due to mismatch in the income shown under the head 'other source of income' and consequently CPC while processing the return u/s 143(1) made disallowance of the aforesaid enhanced compensation and added the same to the total income of the appellant. The assessee prayed to direct the Ld. AO recompute the total income of the ap....
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....tion of Rs 4,07,42,803/- u/s 34 of the Land Acquisition Act,1894 and while calculating the total income offered the same to tax, in this regard referred page 16 of PB. 5.2 On consideration of the material placed on record and the legal position, we are of the view that the nature of the interest and rival contention requires factual verification. We, accordingly, deem fit to restore this issue to the file of the Ld. Assessing Officer for proper verification of the facts and re-computation, in accordance with law. Hence this ground is allowed in above terms for statistical purpose. 6. Ground Nos. 6 and 7 relate to the restriction of deduction claimed under Section 80GGB of the Act towards political contributions. The assessee had made ....