Pr. Commissioner Of Income Tax, Kota v. M/S Kota Sahakari Bhoomi Vikas Bank Ltd., Plot

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Review Petition No. 9/2019 In D.B. Income Tax Appeal No.17/2018 Pr. Commissioner Of Income Tax, Kota. ----Petitioner Versus M/s Kota Sahakari Bhoomi Vikas Bank Ltd., Plot No. 3, BehindIncome Tax Office, Rawatbhata Road, Kota- 324009. ----Respondent For Petitioner(s) : Mr. Jai Kumar Yadav HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 02/01/2020 This review petition preferred by the petitioner is reported tobe barred by limitation for 241 days. It is accompanied by anapplication under Section 5 of the Limitation Act, 1963. The reasons assigned for inordinate delay in filing the reviewpetition are not plausible and acceptable and therefore, theapplication seeking condonation of delay deserves to bedismissed. However, we have examined the review petition on merits aswell. Admittedly, before the Income Tax Appellate Tribunal (‘theTribunal’), the contention of the assessee was that it is entitled fordeduction under Section 80P of the Income Tax Act, 1961 (‘theAct’). It is not disputed that the petitioner was allowed deduction under Section 80P of the Act and therefore, the alternative pleasought to be raised regarding entitlement for deduction underSection 36(1)(viia) of the Act, was not considered by the Tribunal. In our considered opinion, the Tribunal having accepted theclaim of the assessee for deduction under Section 80P, thequestion with regard to entitlement for deduction under Section36(1)(viia), was not required to be gone into. As a matter of fact, by way of review petition, the petitionerwants re-hearing of the matter, which cannot be countenanced bythis Court. The review petition is absolutely devoid of any merit andtherefore, the same is hereby dismissed. (MAHENDAR KUMAR GOYAL),JVIJYANT SHARMA /31 (SANGEET LODHA),J