Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 715 - AT - Income TaxAssessment u/s 143(3) - disallowing an amount being the provisions towards additional interest on CTDs and disallowing being provision towards additional interest on RID of CTDs - assessee had filed revised return of income by offering the provisions made on additional interest on CTDs and provision towards additional interest on RID of CTDs - HELD THAT:- We find the AO in the instant case completed the assessment u/s 143(3) on 16.3.2015 for the A.Y 2012-13. We find the Assessing Officer completed the assessment for the A.Y 2010-11 on 21.3.2016 and while deciding identical issues, the assessee had filed revised return of income by offering the provisions made on additional interest on CTDs and provision towards additional interest on RID of CTDs. Under these circumstances, we do not find any infirmity in the order of the CIT (A) in confirming the additions made by the AO. Deduction u/s 80P - Assessee has not taken this claim before the AO and has taken this ground for the first time and this amounts to a new claim in additional ground - HELD THAT:- Hon'ble Bombay High Court in the case of CIT vs. Pruthvi Brokers & Shareholders Pvt. Ltd [2012 (7) TMI 158 - BOMBAY HIGH COURT] held that the assessee can always make a new claim not made in return of income before the appellate authorities. Since in the instant case, the assessee was all along been granted deduction of section 80P benefit and a ground was also taken before the learned CIT (A), therefore, considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to consider the claim of deduction u/s 80P - AO shall decide the issue as per fact and law after giving due opportunity of being heard to the assessee. Appeal filed by the assessee is partly allowed for statistical purposes.
|