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2020 (11) TMI 853 - AT - Income TaxExemption u/s 10(23C)(vi) denied - assessee trust was not registered under section 12A - HELD THAT:- Since these two appeals are filed by the assessee against the orders of the Assessing Officer in denying benefit of exemption claimed u/s.10(23C) of the Act and the very same matter has been gone back to the file of the Chief Commissioner of Income-tax, Coimbatore for reconsideration, the assessment orders passed by the Assessing Officer consequential to rejection of exemption claimed u/s.10(23C) of the Act cannot survive under the law. Therefore, we are of the considered view that appeals filed by the assessee for assessment years 2010-11 and 2012-13 need to go back to the file of the learned Assessing Officer for re-consideration of the issue after the outcome of the proceedings before the Chief Commissioner of Income-tax, Coimbatore regarding eligibility of the assessee for exemption u/s.10 (23C) of the Act. Hence, we set aside the impugned orders and remit both the appeals back to the file of the Assessing Officer and direct him to redo the assessments in accordance with the law.
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