2023 (1) TMI 572 - AT - Income Tax
Deduction u/s 80P denied - Assessment u/s 143 - denial of natural justice - grievance of assessee that the principles of natural justice are not extended to the assessee inasmuch as without seeking and considering any explanation of the assessee, the deduction under section 80P is denied to the assessee at the stage of 143(1) and ends of justice would be met, if the matter is restored to the file of learned Assessing Officer for verification of such a claim, after giving an opportunity to the assessee - HELD THAT:- The very same course is adopted by the Co-ordinate Bench in the case of Shri Nava Ujala Seva Sahakari Mandali Ltd. [2022 (11) TMI 128 - ITAT RAJKOT] wherein the Bench thought it fit to restore the issue for fresh adjudication on merits to the learned CIT(A). However, since the learned Assessing Officer did not consider the merits of this issue, we deem it just and proper to restore it to the file of learned Assessing Officer instead of learned CIT(A).
With this view of the matter,restore the issue to the file of learned Assessing Officer for considering the allowability of section 80P of the Act on merits. We make it clear that we did not pronounce any finding in respect of applicability or otherwise of Section 80AC clause (ii) of the Act. Appeal of the assessee is treated as allowed for statistical purposes.