The Tax Publishers2020 TaxPub(DT) 2242 (Coch-Trib)

INCOME TAX ACT, 1961

Section 250(6)

Order of CIT(A) upholding assessment order on disallowance under section 80P(2)(d) without addressing alternate claim made by assessee, was cryptic and therefore, matter was referred back to CIT(A) for fresh consideration by passing a speaking order.

Appeal [CIT(A)] - Order of CIT(A) - Cryptic order passed by CIT(A) -

Assessee claimed deduction under section 80P(2)(d) on interest income received from Thiruvananthapuram District Co-operative Bank Ltd. AO held that assessee was not eligible for deduction under section 80P(2)(d). Assessee alternatively claimed deduction under section 80P(2)(a)(i). CIT(A) upholding assessment order on disallowance under section 80P(2)(d) and further holding that there was no merit in grounds raised against the same.Held: Alternative claim of assessee was to be examined by CIT(A) by passing a speaking order. As apparent from the order of CIT(A), the CIT(A) had given very cryptic findings and not addressed the alternate claim. Accordingly, matter was referred back to CIT(A) for fresh consideration by passing a speaking order.

REFERRED :

FAVOUR : Matter remanded.

A.Y. :



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