Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 27 - AT - Income TaxDeduction u/s 80P(2)(a)(vi) - objection of the DR is that when the only work carried out by its members was overall supervision like any other prudent businessmen and the actual supervision at the field was done by the paid employees of the society and outside labourers actually carried out the work, therefore, the assessee is not entitled to the benefit of deduction - assessee submitted that the guiding factor must be that the earning of the society is through utilization of the particular kind of labour in which members specialize - HELD THAT:- Matter needs verification at the level of AO for a limited purpose as to whether the works executed by the society by the collective disposal of its "own members" or not after providing reasonable opportunity of being heard to the assessee. Before us the ld. AR of the assessee has acceded that if requires, the assessee is ready to produce the books of accounts before the AO for verification. If the AO finds that the works executed by the assessee society fall within the framework of the provisions of Section 809(2)(a)(vi) of the Act, then the AO shall allow deduction u/s.80P(2)(a)(vi) of the Act to the assessee society. Accordingly, we restore the matter to the file of AO for consideration of the claim of the assessee as per our above observations and the assessee shall cooperate with the AO for early disposal of the case. - Decided in favour of assessee for statistical purposes
|