TaxTMI 
TaxTMI 
2025 (4) TMI 1948
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....d in law, the appellate order framed by the ADDL/JCIT(A)-2 Noida is bad in law, as the same is framed in breach of the statutory provisions and the scheme and as otherwise also is not in accordance with the law. 1.2 Without prejudice to the generality of the above, the appellate order so passed is bad in law, and void as the same is cryptic and perverse. 2. NATURAL JUSTICE 2.1 It is submitted that, in the facts and the circumstances of the case, and in law, the appellate order so framed be held as bad, as: (i) The same is framed in breach of the principles of natural justice; and (ii) The same is passed without appreciating to the facts and the submissions brought on record by the Appellant. ....
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....me declaring total income at Rs. 5,493/-. The return was proceed by the CPC u/s. 143(1)(a) of the act Rs. 12,68,493/- was disallowed, as there was variation in the deduction claimed by the assessee. Aggrieved by the order u/s. 143(1)(a) assessee preferred appeal before the Ld.CIT(A). 3. The Ld.CIT(A) decided the issue by observing as under "4.1 Ground No. 1: Addition of members' contribution and property tax recovered 4.1.1 The appellant contends that the CPC erred in making an addition of Rs. 1249,876/- on account of members' contributions and Rs. 18,317/- on account of property tax recovered, and taxing the same as business income. The appellant argues that being a co-operative housing society, these amount....
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....efore, the addition made by the CPC on account of members' contributions and property tax recovered is upheld, and this ground of appeal is rejected." Aggrieved by the order of the Ld. CIT(A) assessee is in appeal before this Tribunal. 4. The Ld. AR submitted that, sum of Rs. 112,70,593/- was received by the assessee as member's contribution and is reflected in the SCHEDULE BP of the return of income. It is submitted that, the said receipt is exempt based on the principal of mutuality. 4.1. Further, it was submitted that under SCHEDULE EI of the return of income assessee has claimed Rs. 100/- received as dividend to be exemption. He also submitted that, the said income received as dividend is also reflected under SCHEDULE BP at....
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..... 5.1. Identical issue was considered by Hon'ble Bangalore Tribunal in case of Goodwill Management Pvt Ltd. (supra) by observing as under: "6. I heard the rival contentions and perused the record. I noticed that the assessee has mentioned that the dividend income of Rs. 13.37 lakhs is exempt in "Schedule BP" relating to computation of business income. However, the details of exempt income were mentioned in the schedule El of the return of income. In view of the same, the CPC has not granted exemption to the assessee. The question that arises is whether the inadvertent error committed by the assessee while filling up the return of income filed through electronic mode would be fatal and would disentitle the assessee from exemption....
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....ce of the usage of the latest technology. 9 Therefore in the interest of justice and fair play to the taxpayer, we restore this issue back to the files of A.O. The A.O. is directed to examine the claim of the assessee of interest paid at Rs. 2,33,535/- and if satisfied with the claim, the A.O. is directed to deduct the same from the positive interest figure of Rs. 3,38,345/- meaning thereby that only Rs. 1,04,810/- should be added to the taxable income. 10. Before parting, a similar issue came up for hearing before the Tribunal in the case of Srikant Real Estate Pvt. Ltd. 140 ITD 155 wherein one of us (AM) is the author of the decision where also the Tribunal has taken a similar view and directed the A.O. to rectify the er....