TMT EMPLOYEES CO OPERATIVE CREDIT SOCIETY LIMITED ,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX THANE -1, MUMBAI

We have heard carefully perused t Departmental Repr Commissioner of Inco the scope of the appe 154 of the Income–t Act”). It was submit proceedings under S were concluded on disallowed the asse 80P(2)(d) of the Act. S of the quantum of rectification order un 2.1 Against the said appeal before the Ld of such appeal was n rectification, and did validity of the disall original reassessmen against the reassess that the Ld. CIT(A) ha deduction under Sec was, therefore, urged TMT Employees C d the rival submissions of bo the material available on re resentative (DR) contended ome–tax (Appeals) [CIT(A)] has t eal arising from the order passe tax Act, 1961 (hereinafter refe tted that, in the present case ection 143(3) read with Section 26.11.2019, wherein the As essee’s claim for deduction Subsequently, owing to an error f addition, the Assessing Of nder Section 154 of the Act on 22 d rectification order, the assess d. CIT(A). The Ld. DR submitted necessarily confined to issues a d not extend to adjudication on lowance under Section 80P(2)( nt order. As no appeal was filed sment order dated 26.11.2019, ad no juri iction to examine th ction 80P(2)(d) in the impugned d that the impugned order be se Co-operative Credit Society Ltd 2 oth parties and ecord. The Ld. that the Ld. travelled beyond d under Section erred to as “the e, reassessment n 147 of the Act ssessing Officer under Section r in computation fficer passed a 2.01.2020. see preferred an d that the scope arising from the the substantive d) made in the by the assessee , it was argued he allowability of d proceedings. It et aside and the matter remanded to strictly to the issues 2.2 The Ld. Counse of allowability unde rectification order pa that liberty be reserv advised, against the with Section 147 of th 2.3 Having conside the controversy deci does not emanate fr passed under Sectio appellate proceeding rectification and cann reassessment order, statutory appeal. Acc is set aside, and th direction to confine from the order passed 2.4 Insofar as the under Section 143(3) it is clarified that th TMT Employees C the Ld. CIT(A) for fresh adjudi emanating from the rectification l for the assessee fairly concede er Section 80P(2)(d) does not assed under Section 154. How ed to enable the assessee to file reassessment order under Sect he Act. ered the submissions, we are of t ded by the Ld. CIT(A) in the i from the rectification order da on 154 of the Act. The scope gs is confined solely to the su not extend to matters concluded which attained finality in th cordingly, the impugned order o he matter is remanded to hi his adjudication strictly to the d under Section 154 of the Act. reassessment order dated 26. ) read with Section 147 of the A he assessee shall be at liberty Co-operative Credit Society Ltd 3 ication confined n order. ed that the issue arise from the wever, he prayed an appeal, if so tion 143(3) read the opinion that impugned order ated 22.01.2020 of the present ubject–matter of d in the original he absence of a of the Ld. CIT(A) is file with the e issues arising 11.2019 passed Act is concerned, y to avail such remedies as may be appeal before the Ld. 3. In the result, statistical purposes. Order pronoun (RAJ KUMAR C JUDICIAL M Mumbai; Dated: 14/08/2025 Rahul Sharma, Sr. P.S.