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Income Tax Appellate Tribunal, ‘D’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL
आदेश /O R D E R
PER MAHAVIR SINGH, VP: This appeal by the assessee is arising out of order of the order of Commissioner of Income Tax (Appeals), Salem in vide order dated 29.06.2018. The assessment was framed by the Income Tax Officer, Exemption Ward, Salem for
2 the assessment year 2013-14 vide order dated 31.03.2016 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’).
The only issue in this appeal of assessee is as regards to non- adjudication of Ground No.2 raised before CIT(A). The ld.counsel for the assessee took us through the grounds raised
in Form No.35 and the same is reproduced in the order of CIT(A), which is being reproduced herein below:-
2. The Appellant trust is running a school in Kaveripattinam (tk), Krishnagiri and for the F.Y.2012-13 the return of income was filed claiming exemption u/s 10(23c)(iiiad) of the Act.”
The ld.counsel for the assessee took us through the order of CIT(A) para No.6, wherein the CIT(A) has adjudicated the issue in regard to the provisions of Section 12A(2) of the Act. The ld.counsel stated that the CIT(A) has not adjudicated the claim of exemption made u/s.10(23c)(iiiad) of the Act. When this was put to ld.senior DR, she fairly conceded that matter can be restored back to the file of the CIT(A). But, the ld.counsel stated that matter can be restored back to the AO. When again countered, the ld.senior DR agreed that adjudication is not done by CIT(A), whereas the AO has adjudicated this issue and denied the claim of exemption u/s.10(23c)(iiiad) of the Act by a speaking order.
3 4. After hearing rival contentions and perused the materials, we noticed that the CIT(A) has not adjudicated the above said ground No.2 and as both sides conceded, the matter has to be restored back. In our understanding, the AO has adjudicated the issue but the CIT(A) has not adjudicated the issue. Hence, it will be fair and reasonable to restore the matter back to the file of the CIT(A). We order accordingly.
In the result, the appeal filed by the assessee is allowed for statistical purpose.
Order pronounced in the open court on 18th January, 2022 at Chennai.