TMI Blog2023 (2) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... ll on the issue in the light of legal provisions of Income-tax Act, 1961 and the judicial rulings, if any, thereon. That would enable to resolve the assessee s grievance aptly. Needless to mention that the Ld. AO shall give adequate opportunities to the assessee to explain his case. This appeal of assessee is allowed for statistical purpose. - ITA No.18/Ind/2019 - - - Dated:- 30-1-2023 - Ms.Suchitra Kamble, Judicial Member And Shrib.M. Biyani, Accountant Member For the Assessee : Shri Anil Khabya, AR For the Revenue : Shri P.K. Mishra, CIT-DR ORDER PER B.M. BIYANI, A.M.: Feeling aggrieved by appeal-order dated 27.11.2018passed by learned Commissioner of Income-Tax (Appeals)-3, Bhopal [ Ld. CIT(A) ] , which i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igible for deduction u/s 80Pof Income-tax Act, 1961, which stand allowed to assessee. Ld. AR further submits that while computing taxable income u/s 28 from various activities (including the activities eligible for deduction u/s 80P), the assessee claimed depreciation of Rs.1,60,23,529/- u/s 32 which the Ld. AO disallowed while finalizing assessment. At the same time, the Ld. AO also made a protective disallowance of Rs. 1,60,23,529/- out of the deduction u/s 80P. During first- appellate proceeding, the Ld. CIT(A) allowed the claim of depreciation of Rs. 1,60,23,529/- u/s 32. But the Ld. CIT(A) maintained the protective disallowance out of deduction u/s 80P although he reduced the quantum of protective-disallowance from Rs. 1,60,23,529/- to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both sides. After a careful consideration, we are unable to verify certain facts relevant to the issue being agitated, viz. (i) whether and to what extent the buildings/godowns are being used for the activities eligible for 80P deduction or other activities as being claimed before us; and (ii) the treatment given by assessee and accepted by revenue-authorities in the preceding and subsequent assessment-years on this issue. Hence, we think it appropriate to remand this issue back to the file of Ld. AO who shall first verify these aspectsand thereafter take a call on the issue in the light of legal provisions of Income-tax Act, 1961 and the judicial rulings, if any, thereon. That would enable to resolve the assessee s grievance aptly. Needle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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