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TMI Blog2024 (12) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... d following grounds of Appeal : 1) On the facts and circumstances of the case and in law Assessing Officer (AO) has erred in disallowing and CIT(A) by confirming the disallowance of assessees claim of deduction u/s. 80P of the Act amounting to Rs. 1,34,17,516/- in order dated 04.03.2024 against the principle of consistency. For A.Y. 2020-21 AO in scrutiny assessment out of total claim of deduction of Rs. 1,49,31,702 had disallowed only interest received from bank amounting to Rs. 14,46,842 which was further allowed by Ld. CIT(A) vide order dated 04.12.2023. In regular scrutiny assessment proceedings for the A.Y. 2004-05 to 2009-10 and 2013-14 the claim of the assessee was accepted by Ld. Assessing Officer. 2) That the learned CIT(A) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oceeded Ex-Party. 4) Findings and Analysis : We heard Ld. Departmental representative for the revenue, perused the case records. It is observed from the submission of the assessee reproduced by Ld.CIT(A) in his order, that the Assessee had requested for personal hearing before the Ld.CIT(A). However, it is observed from the Order of the CIT(A) that no personal hearing was granted to the assessee. Also it is observed that assessee had claimed that it had submitted the details called for on 31/08/2021 to the CIT(A). However, the Ld.CIT(A) had not considered the details filed by the assessee. 4.1) The Hon'ble ITAT Mumbai in the case of Bank of India Vs ACIT 112/Mum/2022 held as under ; Quote, " ....... the grant of personal hearing throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, it is an amendment in the faceless appeal rules which is meant to obviate the undue hardships of the assessee in presenting their cases to the first appellate authority, and when such an amendment is made to cure the shortcomings of the scheme, and thus obviate the unintended hardships to the taxpayers, the amendment is to be treated as retrospective in effect. It is for the reason of the well-settled legal position that a curative amendment in the law is to be treated as retrospective in nature even though it may not state so specifically. In the Hon'ble Supreme Court's five-judge constitutional bench's landmark judgment, in the case of CIT v. Vatika Townships Pvt Ltd. [(2014) 367 ITR 466 (SC)], the legal position in this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court, is that when an opportunity of presenting the case, through the video conferring in the faceless appeal proceedings, is now available to every taxpayer, on-demand, the same must also be held to be admissible in the proceedings, if so demanded by the assessee, in the old rules as well. In view of these discussions, as also bearing in mind the entirety of the case, we deem it fit and proper to remit the matter to the first appellate authority after giving an opportunity for a personal hearing, in terms of rule 12 of the Faceless Appeals Rules 2021, for adjudication de novo in accordance with the law and by way of a speaking order. Ordered, accordingly. As the matter stands restored to the file of the first appellate authority fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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