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2021 (7) TMI 1167 - AT - Income TaxDisallowance of appellant's claim of deductions u/s 80(P)(2)(d) and 36(1)(vii)(a) - HELD THAT:- Hon'ble apex court’s landmark decision in National Thermal Power Co. Ltd.,[1996 (12) TMI 7 - SUPREME COURT] as considered in tribunal’s Special Bench’s decision All Cargo Global Logistics Ltd. [2012 (7) TMI 222 - ITAT MUMBAI(SB)] holds that we can very well entertain a new ground going to root of the matter so as to determine correct tax liability of a taxpayer. We go by the very analogy and find that the assessee’s foregoing petition seeks to raise its additional substantive ground that it is eligible for Section 36(1)(viii) deduction in respective amounts transferred to special reserve since covered within the definition of; a specified entity; as per the provisions of the Act. DR fails to dispute that neither the Assessing Officer nor the CIT(A) has adjudicated the above clinching issue in their respective orders. We deem it appropriate to restore the impugned issue of Section 80P(2) disallowance claim back to the Assessing Officer to be examined afresh in light of Section 36(1)(viii) of the Act; as applicable in case of the specified entity; as per law, within three effective opportunities of hearing. It is further made clear that it shall be assessee’s responsibility only to file all the necessary details. Assessee’s appeal is treated as allowed for statistical purposes
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