Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “G” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, VP & SHRI S. RIFAUR RAHMAN, AM
O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP: This appeal of the assessee is arising out of order of the Commissioner of Income Tax (Appeals)]-1, Mumbai [in short CIT(A)], in Appeal No. CIT(A)-1/8/ACIT9CPC)/2016-17 vide dated 09.04.2019. The Assessment was framed by the Asst. Commissioner of Income Tax, (CPC), Bangalore (in short ACIT / AO) for the A.Y. 2014-15 vide order dated 09.01.2016 under section 143(1) of the Income-tax Act, 1961 (hereinafter ‘the Act’).
“1. On the facts, and in the circumstances of the case, and in law, the learned Commissioner of Income-tax (Appeal) erred in not giving sufficient opportunity of being heard.
On the facts, and in circumstances of the case and in law, the learned commissioner of income-tax (Appeal) erred in upholding action of the Assessing Officer in rejecting the claim of the appellant for exemption of income of Trust under section 11 of the income tax Act, 1961 without appreciating that the application for registration was pending with the office of learned DIT(E).
On the facts, and in circumstances of the case, and in law, learned Commissioner of Income-tax (Appeal) erred in holding that since there was no effective Registration available to the Appellant under section 12A, the Appellant did not qualify to be eligible for exemption under section 11; and not only that, no deduction could be allowed for application of money for charitable objects.” At the outset, the learned Counsel for the assessee stated 3. that the CPC Bangalore sending intimation under section 143(1) of the Act and making prima facie adjustment and actually these are not subject matter of prima facie adjustment being where Sd/- Sd/- (ए रयपऔय यहभान/ S. RIFAUR RAHMAN) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated:17.09.2021 ुदीऩ यकाय ,व .ननजी चिव/ Sudip Sarkar, Sr.PS