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2012 (5) TMI 465 - HC - Income TaxCharitable Institution - alleged violation of Section 13(1)(c)(ii) read with Section 13(3) on belief that society was for the private benefit of the members - Tribunal without referring to factual matrix held that assessee is charitable institution - Held that:- Order of the tribunal in the AY 2005-06 is devoid of reasoning and does not refer to factual matrix and details which have to be examined and considered while deciding the question whether or not Section 13(1)(c)(ii) read with Section 13(3) is violated. The facts, figures mentioned in the income expenditure account and the activities undertaken etc. have not been mentioned or specifically examined. What was and whether any benefit or advantage was enjoyed by the person mentioned in Section 13(3) has not been adverted to and considered. General observations have been made. The order of the tribunal is cryptic and cannot be categorized as a reasoned and speaking order which is mandated and required to be passed by the final fact finding authority - Matter remitted back to Tribunal to examine and record finding on facts relevant and which are to be examined - Partly decided in favor of Revenue.
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