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2017 (8) TMI 656 - AT - Income TaxExemption u/s 11 - Violation of provisions of Section 13(1) and 13(2) - Loan advanced to founder trustee - Held that:- As per the assessment order, it is observed that the assessee has explained before the Assessing Officer that the amount was given for purchase of buses and the same could not be materialized and the amount was lying with the founder. However, no evidence was furnished by the assessee to the Assessing Officer. The issue regarding payment of advance to Shri Akula Mohana Chalapati Rao on 13.10.2010 came before the CIT(Appeals). No other discussion was made by the Assessing Officer in the assessment order with regard to the executive body meeting held on 18.09.2008, purchase agreement, tender documents etc.. CIT(Appeals) also has not made any enquiry with the seller of the busses whether it is first hand or second hand buses, no such details were verified by the Ld.CIT(Appeals). - Matter remanded back. Exemption u/s 11 rejected - violation of provisions of section 13(1)(c) - providing food to the officers and their guests - 73 meals coupons utilized by the Chairman - Held that:- The number of meals coupons utilized was 73 and the same were utilized for the purpose of providing food to officers and VIPs visiting the Society from various departments / organizations. It was also observed by the Ld.CIT(Appeals) that the Society is located in far away place, where there are no hotels etc. for supply of food. In such circumstances, the assessee has provided food to the officers and their guests visiting the society, signing the coupon on the rear side. The explanation appears to be reasonable and we do not find any reason to interfere with the order of the Ld.CIT(Appeals). Accordingly, the revenue’s appeal on violation of provisions of section 13(1)(c) r.w.s. 13(2)(a) with regard to 73 meals coupons utilized by the Chairman is dismissed.
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