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2019 (1) TMI 799 - HC - Income TaxExemption u/s 10(23EA) - charitable activities - claim not made by the assessee during the filing of return of income but as an alternative at the appellate stage before the CIT(A) - Held that:- Revenue does not dispute that necessary facts were already on record to examine such a claim. That being the position, the assessee's claim was based on pure interpretation of statute. Tribunal, therefore, correctly rejected the Revenue's objection relying upon the decision of this Court in the case of Pruthvi Brokers & Share Holders Pvt. Ltd. [2012 (7) TMI 158 - BOMBAY HIGH COURT]. The reference can also be made to the decision of the Supreme Court in case of National Thermal Power Corporation vs. CIT (1996 (12) TMI 7 - SUPREME COURT) holding that the powers of Commissioner of Income Tax (Appeals) are much wider than that of the AO. The other contention though not specifically mentioned by the Revenue in the question framed, we have examined the same. There is no prohibition in law which would prevent the assessee – Trust which qualifies for benefits under Section 11 to 13 from claiming exemption under Section 10 (23EA) of the Act. In fact when the Assessing Officer allowed such an exemption for two claims which assessee had raised in the return, the Revenue accepted this position. - Decided against revenue.
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