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TMI Blog2012 (7) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... N. Barathvaja Sankar (Vice-President) This is an appeal preferred by the assessee-The Jamkhandi Co-operative Bank Ltd., Jamkhandi, for the assessment year 2007-08 against the appellate order dated 27-6-2011 of the CIT(A), Belgaum. 2. There was a delay of four days in filing of the appeal. The assessee has filed an affidavit for condonation of delay. We have heard both sides and considered the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,72,000/- for advances made by the rural branches of the bank. The AO, while allowing the deduction @ 7.5% of total income, did not allow the deduction claimed for advances made by rural branches as this deduction had not been claimed by the assessee in the in the return of income and no revised return had been filed. The AO took the above decision relying on the judgments of the Apex Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction u/s 36(1)(viia) of Rs. 42,20,390/- although eligible and only partially allowing a sum of Rs. 12,48,390/- relying on the case of Gotze(India) vs. CIT (2006) 284 ITR 323(SC). 2. The learned Commissioner of Income tax (Appeals) has erred on applying the principles of Gotze(India) wherein the facts of that case being related to assessment u/s 143(1)(a) which is different to that of the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herwise than by a revised return and did not impinge on the power of the Appellate Tribunal u/s 254 of the Act. Hence, exercising our power, we restore this matter back to the file of the AO with a direction to consider the claim of the assessee on merits after giving effective opportunity of hearing to the assessee. The assessee is also hereby directed to co-operate with the AO by producing detai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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