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2023 (2) TMI 335 - ITAT AMRITSARExemption u/s 11 - registration cancelled by the CIT u/s 12AA - assessee is established under the Society Registration Act, 1860 and it was granted registration u/s 12A(a) - CIT had withdrawn the registration u/s 12AA w.e.f. assessment year 2004-05 - HELD THAT:- The registration was restored by the order of the ITAT, Amritsar Bench. After the order of the ITAT, the assessee is registered u/s 12AA and eligible to claim deduction u/s 11 r.w.s. 12A of the Act. The assessee was eligible for the benefit of section 11 of the Act. In no reason, the benefit can be denied by the department. CIT(A) in the order has observed that the revenue appeal is pending before the Hon’ble Punjab & Haryana High Court against the order of the ITAT, Amritsar. But till the revenue has not able to submit any outcomeof the appeal, filed before the Hon’ble High Court. We fully relied on the order of our Coordinate bench [2016 (3) TMI 1447 - ITAT AMRITSAR]. The assessee is eligible to get benefit of Section 11 - CIT-Dr was unable to bring any contrary fact against the submission of the assessee. In our considered view the order of the ld. CIT(A) is quashed. The ground of the appeal of assessee is allowed. Depreciation disallowance and hoc disallowance of entertainment expenses - HELD THAT:- Going by the nature of expenses such as claim of depreciation, entertainment expenses, it is prima facie not very clear whether these expenses can be claimed as revenues expenses and allowable under sections 30 to 37 of the Act in relation to Trust, registered U/s 12AA of the Act. Since there is absence of any findings of the lower authorities, we deem it appropriate to set-aside the same to the file of the ld. CIT(A) who shall examine the aforesaid contentions so raised besides examining the matter from the perspective of allowability in case of Trust and genuineness of expenses. Further, the assessee should get reasonable opportunity of hearing for filing the evidence in relation to its claim. In the result, appeal allowed for statistical purposes.
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