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2018 (1) TMI 1235 - ITAT KOLKATAEligibility to claim exemption u/s 35(1)(ii) - order of CBDT having no authority to grant approval - Held that:- It is clear from the record there was no approval for the assessee to claim exemption u/s 35(1)(ii) of the Act as on the date of assessment and grounds raised are liable to be dismissed. No force in the submissions of the Ld.AR in respect of the CBDT has no power to decide the application seeking approval u/s 35(1)(ii) of the Act. Admittedly, it is noticed that for the A.Y under consideration, there was no approval for getting exemption u/s. 35(1)(ii) as on the date of assessment to claim exemption. Therefore, in our opinion, the CIT-A rightly exercised his jurisdiction in confirming the order of AO in rejecting the claim of the assessee. Therefore, grounds raised by the assessee in the appeal are dismissed.
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