The assessee had claimed special deduction under S. 80P(2) of the Act. The Tribunal shifted the case to S. 80P(4) without any basis. Court remanded the matter to the Assessing Officer to reconsider the issue afresh, providing an opportunity to the assessee to put forth its case, as regards the applicability of section 80P(4) and the Explanation thereto. (AY. 2007 -08 to 2009-10)
Bellad Bagewadi Krishi Seva Sahakari Bank Ltd. v. ITO (2019) 415 ITR 454 (Karn.)(HC)
S. 254(1) : Appellate Tribunal–Duties-Tribunal denying Deduction without giving an opportunity to be heard-Matter remanded. [S. 80P(2), 80P(4)]