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2018 (4) TMI 711 - AT - Income TaxTreatment of the amount of TDS as an application of income under section 11(1)(a) - Held that:- in the case of the assessee before us, the immunity from taxation that has been granted to the income of the said charitable trust cannot be denied on the ground that the deemed income under sec. 198, i.e tax deducted at source under Sec. 194A of ₹ 13,28,823/- had not been actually spent for the purpose of charity during the year. A.R had averred that the tax deducted at source for the year under consideration, viz. A.Y 2012-13, which was received by the assessee as a refund on 20.03.2014, i.e in the period relevant to A.Y 2014-15, was shown by the assessee as its income in the said year of receipt, viz. A.Y 2014-15 while working out its entitlement of exemption under Sec. 11 for the said year. We thus set aside the matter to the file of the A.O for the limited purpose of verifying the veracity of the aforesaid claim so raised before us by the ld. A.R. That in case the claim of the ld. A.R that the tax deducted at source of ₹ 13,28,823/- was shown by the assessee as its income in A.Y 2014-15 is found to be in order, then the said amount shall not be treated as the income of the assessee under Sec. 11 for the year under consideration i.e A.Y 2012-13.
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