TMI Blog2021 (12) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... file of the assessing officer to examine whether assessee has claimed the deduction or not? If the assessing officer finds that assessee has not claimed deduction then in that situation the assessing officer should not make addition, hence, for statistical purposes, the additional ground raised by the assessee is treated to be allowed. - ITA No. 1731/AHD/2016 - - - Dated:- 24-12-2021 - Shri Pawan Singh, JM And Dr. A. L. Saini, AM For the Assessee : Shri Mehul K. Patel, A.R. For the Revenue : Mrs. Anupama Singla Sr. DR ORDER PER Dr. A. L. SAINI, AM: The captioned appeal filed by the assessee, pertaining to assessment year 2012-13, is directed against the order passed by the Learned Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he eye of law. Therefore, ld Counsel contended that additional ground raised by the assessee should be admitted. 5. We have heard both the parties on this preliminary issue. We note that assessee has not claimed deduction to the tune of ₹ 1,44,99,847/-, despite of this assessing officer has made disallowance of ₹ 1,44,99,847/-. We note that it is purely a legal issue based on the facts stated by ld Counsel and all facts are already on record which goes to the root of the matter and no further inquiry is required for deciding the same as all facts are already on record. Therefore, in the light of ratio laid down by the Hon'ble Supreme Court in the case of National Thermal Power Company Ltd., vs. CIT (1998) 229 ITR 382 (SC) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Total 14499847/- From the above chart, it is clear that the assessee society had received interest other than from Co-op. Societies amounting to ₹ 1,44,99,847/- which was not claimed by the assessee but disallowed by the assessing officer. Therefore, we remit this issue back to the file of the assessing officer to examine whether assessee has claimed the deduction to the tune of ₹ 1,44,99,847/- or not? If the assessing officer finds that assessee has not claimed deduction for ₹ 1,44,99,847/-, then in that situation the assessing officer should not make addition, hence, for statistical purposes, the additional ground raised by the assessee is treated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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