TMI Blog2022 (10) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... see had submitted all relevant documents which are also considered by the appellate authority. We accept the claim of assessee related to deduction u/s 80C. We set aside the order of the ld. CIT(A) with a direction to allow the deduction, claimed by the assessee. Appeal of assessee allowed. - DR. M. L. MEENA , ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE , JUDICIAL MEMBER Appellant by : Sh. Tarun Bansal , Adv. Respondent by : Sh. Rohit Sharma , CIT. DR. ORDER Per Bench The batch of instant appeals of the assessee was filed against the order of the ld. Commissioner of Income Tax (Appeals)-5, Ludhiana, [in brevity the CIT(A)] bearing Appeal No. 10179/CIT(A)-5/Ldh/2017-18 date of order 17.03.2022 order passed u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the document of Rs. 17,770/- of life insurance premium paid on assessment record of A.O, as well as, wrongly directed the A.O to allow the claim u/s. 80C after obtaining the relevant document and further wrongly ignored that he had the power himself only u/s. 251(1)(a) and explanation to section 251 respectively, to determine the issue after examining the document(s) on record. 2. The brief fact of the case is that the assessee filed return. The deduction was claimed u/s. 80C amount of Rs. 1,50,000/-. But the assessee was unable to claim the deduction of principal of loan and tuition fee of the assessee's children u/s. 80C. Also, the deduction of interest under house building loan (in brevity HBL) u/s. 24 was also not claimed dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in APB pages 16 to 17. The assessee is a sole owner of the property according to section 22 of the Act, the assessee himself is eligible for deduction of HBL interest u/s. 24 @100%. So, the division of interest of HBL in both the hands is uncalled for. 4.1. During the hearing ld. Counsel Mr. Tarun Bansal, vehemently argued and submitted that the assessee applied under rule 46A of Income Tax Rule 1962, for claim of deduction U/s 80C 24. Also, the receipt of Life Insurance Premium amount of Rs. 17,770/- is enclosed in APB page 19 which was not mentioned in return of income. 5. The ld. CIT DR vehemently argued and mention that the assessee was not eligible for any of the deduction as it was not claimed during the filing of return. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and interest - separately. Also attached is house property purchase deed, Translated in English duly attested. Re-computation of Income is as follows Income from house property Less interest on borrowings -1,17,327 Loan taken on 13.02.2013 Construction completed on 7.8.2014 N. P. (already shown) Gross Receipts 6,88,500 N. P. 5.15,600 Balance 3,98,273 Income from other Sources S/V Interest:- Yes Bank A/c No. 0002971 2,894 4,01,167 Less U/s 80-C LIP 17,770 (attached receipts) Tuition Fees 19,440 (attached receipts) Housing Loan repayment 2996 40,206 u/s 80TTA 2894 43,100 Balance 3,58,067 3. That copy of ITR and computation of income is also attached. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Commissioner must be satisfied that the ground raised was bona fide and that the same could not have been raised earlier for good reasons, The Appellate Assistant Commissioner should exercise his discretion in permitting or not permitting the assessee to raise an additional ground in accordance with law and reason. The same observations would apply to appeals before the Tribunal also. (p. 386) 17. In Goetze (India) Ltd. v. CIT [2006] 284 ITR 3231 (SC), wherein deduction claimed by way of a letter before Assessing Officer, was disallowed on the ground that there was no provision under the Act to make amendment in the return without filing a revised return. Appeal to the Supreme Court, as the decision was upheld by the Tribunal and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 80A(5) of the IT Act is raised by the Revenue, then, obviously, such contention will have to be considered by the Appellate Authority in accordance with law. Further the appellant-assessee will have the liberty to meet such contentions, including by way of urging the very grounds raised in the present Appeal on the aspect of prospectively etc. We, therefore, clarify that we leave all such issues open for the decision of the Commissioner of Income-tax (Appeals) and thereafter, if the need be, the ITAT. 7. We heard the rival submission and perused the documents available on the record. The Life Insurance Premium Rs. 17,770/- was not claimed during the filing of return and same for tuition fee and repayment of HBL amount of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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