2025 (3) TMI 2047

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t this Tribunal vide impugned composite order has disposed of two appeals of the assessee for the A.Y 2016-17 and 2018-19. The appeal for the A.Y 2016-17 has been disposed of on merits by this Tribunal but the appeal for the A.Y 2018-19 has been disposed of by treating an identical issue involved whereas the grounds raised by the assessee are entirely different for the A.Y 2018-19 which have not been adjudicated by the Tribunal. Thus, the learned AR has submitted that there is a mistake apparent from record for non-adjudication of the grounds raised by the assessee for the A.Y 2018-19. He has further submitted that for the A.Y 2018-19, the Assessing Officer disallowed the claim of deduction u/s 80P(2) (a)(i) of the Act, while passing the or....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....irming the action of the Assessing Officer denying deduction u/s 80P(2) amounting to Rs. 1,00,66,122/- in the proceedings u/s 154. 3 The learned First Appellate Authority is not justified in confirming the Assessing Officer's action denying deduction u/s 80P(2)on the ground that the appellant filed belated return of income. 4 The learned First Appellate Authority failed to appreciate the fact that there is delay in statutory audit report by State Co Operative Department and hence, the delay in filing the return of income is due to circumstances beyond the control of the appellant. 5 The appellant craves leave to add, amend or alter any of the above grounds of appeal at the time of hearing of appeal. ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....80P(2) while passing the assessment order u/s 143(3) dated 3/3/2021, therefore, a rectification order dated 8/9/2021 u/s 154 of the Act was passed by the Assessing Officer to disallow the claim of deduction u/s 80P of the I.T. Act, 1961 as under: Accordingly, the rectification application was created on ITBA. In computation, the deduction U/s 80P did not allowed and therefore a ticked has been raised. As verified from this office records, the assessee has filed its Return of Income on 20-12-2018, which is after the extended due date of filing of return U/s 139(1) of the Income Tax Act, is 31-10-2018. Therefore, the issue has been forwarded to the Addl Commissioner of Income-Tax, Kurnool for necessary instruction / directions on the....