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2018 (7) TMI 370 - AT - Income TaxDenial of claim of exemption U/s.11 - Held that:- Assessee was held entitled for exemption u/s.11 & 12 of the Act by the Tribunal for the assessment years 2000-2001 to 2009-2010 consistently. Further, in subsequent assessment year i.e. 2015-16, the Assessing Officer himself has held in an assessment made u/s.143(3) of the Act that the assessee is entitled for exemption u/s.11 & 12 of the Act. Assessing Officer observed in the assessment years under appeal, that certain payments were made to the relatives of founder members without rendering of any service by them in violation of provisions of section 13 of the Act. The amounts which have been paid in violation of the provisions of section 13 of the Act are to be charged to tax at maximum marginal rate. From the orders of the lower authorities, it is not clear that how much payment was made in violation of provisions of section 13 of the Act. We, therefore, for this limited purpose, restore the matter back to the file of the Assessing Officer to determine the amount which was paid by the assessee in violation to provisions of section 13 of the Act and thereafter complete the assessment afresh as per law. - Appeals filed by the assessee are allowed for statistical purposes
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