2023 (1) TMI 619 - AT - Income Tax
Disallowing the claim of deduction u/s 36(1)(ii) - Denial of natural justice - Commissioner (Appeals) did not consider that the amount of Bonus mentioned in Form 3CB - CIT(A) did not provide adequate opportunity to the assessee and further submitted that the CIT(A) failed to appreciate the fact that the amount of bonus mentioned in form no. 3CB to the tune was by mistake - HELD THAT:- Revised audit report was submitted on 8.8.2022. The impugned order was passed on 4.8.2022. Looking to the totality of the facts and to sub-serve the interest of principles of natural justice, this ground is restored to the file of AO who would verify the correctness of the claim of the that the audit report has been revised and a correct figure has now been mentioned in the audit report relating to payment of bonus. AO would therefore decide the issue as per law. Ground nos. 1 & 2 are allowed for statistical purposes.
Disallowance of deduction claimed u/s 80-TTA regarding interest earned on savings bank account - HELD THAT:- Disallowance was made purely on the ground that no evidence was furnished. However, it is the contention of the assessee that the interest was in fact earned and the assessee was also having the bank pass book, which duly reflected the interest from savings bank account. Considering the totality of the facts, this ground is also restored to the file of AO who will verify the correctness of the claim of the assessee and in the event the interest is found to have been reflected in the bank statement of the assessee, the AO would grant deduction as per law.
Appeal of the assessee is allowed for statistical purposes.