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2016 (5) TMI 709 - AT - Income TaxDepreciation on the capital asset of trust disallowed - AO allowed exemption under Section 10(23C)(vi) - Held that:- The fact remains that the Director of Income Tax (Exemptions) granted registration under Section 12AA of the Act after considering the object of the Sangam and the purpose for which it was established. The CIT(Appeals) by letter dated 17.03.2015 asked the assessee to furnish its objection, if any, for disallowing the claim under Section 11 of the Act or Section 10(23C) of the Act. The assessee now claims before this Tribunal that the letter dated 17.03.2015 was not served on it and the working said to be provided to the assessee by the CIT(Appeals) was also not furnished. Admittedly, the CIT(Appeals) passed the order on 26.03.2015. Therefore, from the date of issue of letter and the date of passing the order, the time limit available was only 9 days. If the CIT(Appeals) dispatched the letter dated 17.03.2015 by post, then the same would have been received after two or three days. Then, the available time would be only 5 or 6 days. If for any reason, the letter could not be served on the assessee within two or three days, then the time limit available to the assessee for furnishing objection would be reduced proportionately. Therefore, this Tribunal is of the considered opinion that even assuming for argument sake, the letter dated 17.03.2015 was served on the assessee, the time given to the assessee for filing objection is not sufficient enough. Therefore, the matter needs to be reconsidered by the Assessing Officer. - Decided in favour of assessee for statistical purposes.
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