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2020 (8) TMI 912 - AT - Income TaxExemption u/s. 11 - income from the trust was drawn by the trustee and evidences for the applications were not produced, the AO treated them as violation u/s. 13(1)(c) and hence denied the exemption - assessee incurred capital expenditure, in view of denial of exemption u/s. 11, the A O treated it as non-application of income, however, allowed the depreciation and thus assessed the entire income in the status of AOP at maximum marginal rate - HELD THAT:- The assessee is registered u/s. 12(A)(a) as a charitable trust and is running an educational institution. It is not clear from the orders of the lower authorities whether the assessee has submitted all the evidences in support of its claim of exemption and such material were properly appreciated or not. In the facts and circumstances and in the interests of justice, we deem it fit to remit the entire issues back to the AO for a fresh examination. Since, the right to exemption must be established by those who seek it, the onus therefore, lies on the assessee. In order to claim the exemption from payment of income tax, the assessee had to put before the income tax authorities proper materials which would enable them to come to conclusion - Therefore, the assessee shall place all contemporaneous primary as well as secondary evidences in support of its claim before the AO. The AO shall after due verification and after appropriate enquiry, as deemed fit, and after affording adequate opportunity to the assessee, shall pass a speaking order - Assessee’s appeal is treated as partly allowed for statistical purposes.
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