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2016 (12) TMI 402 - AT - Income TaxDisallowance of deduction u/s.80P(2)(e) - Held that:- From going through the order of ld. CIT(A) we find that he has agreed to the contentions of assessee for being eligible to claim deduction u/s 80P(2)(e) but while deciding the quantum of appeal it seems that he has not adjudicated the issue in the right perspective because in his appellate order he has mentioned that “appellant has not raised ground and submitted the explanation or detail in respect of other part i.e. if there is no net profit or gain i.e. positive income before allowance u/s.80P of the Act, then no such deduction u/s.80P(2)(e) of the Act can be allowed, It is therefore the ground raised is not specific against this contention of A.O., but from submission it is held that the same is only for one contention which is hereby allowed while for other contention the A.O. has not raised ground so disallowance for such contention by A.O. is upheld. This ground is treated as partly allowed.” The above observation of ld. CIT(A) is erroneous to the extent that assessee is having positive income from letting out godowns/warehouses at ₹ 11,40,187 and specific ground has been raised before CIT(A) against ld. Assessing Officer’s action for not allowing the claim u/s 80P(2)(e) of the Act. To this extent the order of ld. CIT(A) is cryptic which needs fresh adjudication. We are, therefore, of the view that in the given facts and circumstances of the case, the issue needs to be restored back to the file of ld. CIT(A) for fresh adjudication. - Decided in favour of assessee for statistical purposes.
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