THE TRIBUNE TRUST,CHANDIGARH vs. DCIT (EXEMPTIONS), C-1, CHANDIGARH

आदेश/Order Per Bench: The above captioned four appeals, i.e., to 644/Chd /2019 have been filed by the Assessee against the separate orders of the Ld. CIT(A)-2, Chandigarh, for different Assessment Years as under:-

1. That the Ld. Commissioner of Income Tax (Appeals) has erred in law as well as on facts in holding that the assessee is not entitled to exemption claimed u/s 10(23C)(iv) or Section 11 of the Act as the assessee is not pursuing Charitable activities within the meaning of Section 2(15) of the Act whereby returned loss of Rs. 8,73,15,662/- was disallowed and an income of Rs. 23,77,41,089/- has been assessed which is arbitrary and unjustified.

2. That the Ld. Commissioner of Income Tax (Appeals) has further erred in upholding the order of the Assessing Officer whereby she treated the assessee to be AOP as a business entity instead of AOP (Trust) without giving

641 to 644//Chd/2019 The Tribune Trust, Chandigarh 3 any finding on the same which is arbitrary and unjustified.

4. That the Ld. Commissioner of Income Tax (Appeals) has further erred in upholding the addition of Rs.9,33,353/- whereby the assessing officer had disallowed expenses claimed on colony of employees which is arbitrary and unjustified.

5. That the Ld. Commissioner of Income Tax (Appeals) has further erred in upholding the addition of Rs. 1,09,66,674/- whereby the assessing officer had disallowed expenses incurred on Tribune Model School which is arbitrary and unjustified.

7. That the Ld. Commissioner of Income Tax (Appeals) has further erred in not allowing the benefit of set off of brought forward and current year losses which is arbitrary and unjustified.

641 to 644//Chd/2019 The Tribune Trust, Chandigarh 4 9. That the order of the Ld. CIT (A) is erroneous, arbitrary, opposed to the facts of the case and thus untenable.

641 to 644//Chd/2019 The Tribune Trust, Chandigarh 5 6. We have considered the submissions of the ld. DR and ld. Counsel of the Assessee. The files in the aforesaid cases are restored back to the A.O. for calculating taxes treating the Assessee as an AOP with the direction that the Assessing Officer will not make fresh assessments in these case. However, as per the changed status of the Assessee, if some issues need fresh adjudication of old issues already raised in grounds of appeal that may be done, otherwise, only re- calculation of taxes as per the changed states of the Assessee is to be done. Accordingly, the appeals of the Assessee are decided in the aforesaid terms.