ASST. DIRECTOR OF IT (EXEMP)-II,, HYDERABAD vs. ACTION FOR WELFARE AND AWAKENING IN RURAL ENVIRONMENT (AWARE), HYDERABAD

ITA 709/HYD/2012Status: DisposedITAT Hyderabad13 February 2026AY 1995-96Bench: SHRI VIJAY PAL RAO (Vice President), SHRI MADHUSUDAN SAWDIA (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that while there was no valid accumulation for most earlier years, an amount of Rs. 1,24,09,748/- from AY 1994-95 could be considered as available accumulation. However, the utilization of this amount in AY 1995-96 required fresh verification.

What were the facts?

The assessee, a society, claimed exemption under Section 11 for AY 1995-96. The Revenue appealed the CIT(A)'s deletion of an addition of Rs. 13,76,58,674/- made by the AO under Section 11(3). The core issue was whether there was valid accumulation of income under Section 11(2) in earlier years.

What were the issues?

The primary issue was the applicability of Section 11(3) due to alleged non-utilization or misutilization of accumulated income from earlier years. Another issue was the levy of interest under Section 234B.

Which sections of the Income-tax Act were involved?

Section 11,Section 11(2),Section 11(3),Section 234B

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Heard together (2 matters)

ITA No.709/Hyd/2012
C.O. No.138/Hyd/2012

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आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad "ी "वजय पाल राव, उपा" य" एवं "ी मधुसूदन साव"डया, लेखा सद" य के सम" । BEFORE SHRI VIJAY PAL RAO, VICE PRESIDENT AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER आ.अपी.सं /ITA No.709/Hyd/2012 ("नधा"रण वष"/Assessment Year:1995-96) Asst. Director of Income Tax Vs. Action For Welfare And (Exemptions)-II, Awakening In Rural Hyderabad. Environment (AWARE), Shantivanam, Nagarjuna Sagar Road, Hyderabad. PAN: AAATA2338R (Appellant) (Respondent) C.O. No.138/Hyd/2012 (In आ.अपी.सं /ITA No.709/Hyd/2012) ("नधा"रण वष"/Assessment Year:1995-96) Asst. Director of Income Tax Vs. Action For Welfare And (Exemptions)-II, Awakening In Rural Hyderabad. Environment (AWARE), Pragati Bhavan, D.No.5-9- 24/78, Lake Hill Road, Adarshnagar, Hyderabad- 500463. PAN: AAATA2338R (Respondent/Cross Objector) (Appellant in appeal) "नधा"रती "वारा/Assessee by: Shri S. Rama Rao, Advocate राज" व "वारा/Revenue by:: Ms. U. Mini Chandran, CIT-DR सुनवाई क" तार"ख/Date of hearing: 08/01/2026 घोषणा क" तार"ख/Pronouncement: 13/02/2026

ITA No.709/Hyd/2012 & CO No.138/Hyd/2012 Action For Welfare And Awakening In Rural Environment (AWA

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