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TMI Blog2021 (6) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... f learned Commissioner of Income Tax (Appeals)-28, Mumbai for the assessment year 2014-15. 2. Grounds 4 and 5 being general grounds, do not require adjudication. 3. Ground 3 is not pressed; hence, dismissed. 4. The only issue raised in grounds 1 & 2 relates to disallowance of deduction claimed under section 80P(2)(d) of the Income Tax Act, 1961 for an amount of Rs. 20,79,677/-. 5. Briefly the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disallowed assessee's claim and added back an amount of Rs. 20,79,677/-. Assessee contested the aforesaid addition before learned Commissioner of Income Tax (Appeals). Agreeing with the view of the assessing officer that assessee's claim of deduction under section 80P(2)(d) cannot be allowed, as, such claim was not made either in the original return of income or in a revised return of income, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HS Ltd vs PCIT (ITA No.3155/Mum/2019) 3. Lands End Co-operative Housing Society Ltd vs ITO(ITA No.3566/Mum/2014) 4. Sea Green Co-operative Housing Society Ltd vs ITO (ITA No.1343/Mum/2017 5. Kaliandas Udyog Bhavan Premises Co-operative Society Ltd ITO (2018) 94 taxmann.com 15(Mum Trib) 8. The learned departmental representative relied upon the observations of the assessing officer and learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ictional High Court has held that the assessee can make a revised/fresh claim in course of proceedings before the assessing officer and appellate authorities. 10. As regards the merits of the issue, it is evident, only reason for denial of assessee's claim of deduction under section 80P(2)(d) is, interest was earned from a co-operative bank. However, in my view, the aforesaid reasoning of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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