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2013 (6) TMI 530 - AT - Income TaxJurisdiction power u/s 263 by CIT(A) - non compliance of section 11 (4A) as Appellant had not maintained separate account books - TDS certificate issued by ONGC showed that its payment was a payment to assessee as a contractor and was not a grant - not entitlement to exemption u/s 10(23C)(iii)(ab) aspect not examined by the AO - Held that:- From the assessment order it no where emerges that the assessment was carried out in hurry. AO has given findings on all the relevant aspects with further findings about application of mind. There is no error in respect of non-consideration of sec. 10(23C)(iiiab) as the AO has only applied section 11 & 12 and held the assessee’s case covered thereunder. This course of action is accepted by assessee. Thus no error in the order of AO. Merely because the donors have deducted some TDS will not convert the real nature of the receipt i.e. being donation, grant or advertisement into one of being sobcontractor. Thus no error in the order of AO and no justification for DIT(A) assuming jurisdiction u/s 263. Similarly, in respect of ONGC the funds were provided for setting up of math’s lab and TDS was deducted by the donor as a matter of abundant caution, which cannot be held against assessee so as to hold as subcontractor. As regards other receipts from Mrs. Ramneeka Lobo which represented expenses in order to meet its expenses towards electricity, water, housekeeping, security etc. for the dance classes & receipts from Tata Consultancy Services Ltd. represented maintenance charges for conducting computer classes for students for which the appellant was charging above mentioned maintenance cost assessee has demonstrated that there was no infirmity therein. Merely because the assessment order is short cannot led to an assumption that proper inquiries were not carried out. Thus order passed by DIT(E) u/s 263 quashed. In favour of assessee.
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