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2016 (7) TMI 1360 - PUNJAB AND HARYANA HIGH COURTApplication for registration under section 12AA declined - Deemed income - charges received by the appellant-Board - whether Tribunal was justified in dismissing the appeal of the appellant without awaiting for the outcome of result of application moved under section 10(23C)(iv) ? - Held that:- Tribunal's order not a simpliciter or an absolute order of dismissal. The Tribunal proceeded on the basis that the appellant had not obtained registration under section 12A or under section 10(23C)(iv). The order, however, expressly holds that the Commissioner of Income-tax (Appeals) had rightly declined the exemption under section 12A. It is important to note that the Tribunal held that if the assessee is able to obtain approval under section 10(23C), then the Assessing Officer should consider the matter in the light of such approval. The operative part of the order of the Tribunal in paragraph 19, however, dismisses the appellant's appeals. In view of what was observed in the earlier paragraph, we hold that the dismissal was not absolute. As aforesaid, the Tribunal had directed the Assessing Officer to consider the matter afresh in the event of the appellant obtaining approval even under section 10(23C). In view of the observations in the order of the Tribunal to the effect that in the event of the appellant obtaining approval under section 10(23C), the Assessing Officer should consider the matter in the light of such approval, it is not necessary to remand the matter to the Tribunal. The proper course would be to remand the matter to the Assessing Officer.
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