Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 1381 - AT - Income TaxExemption u/s 11 - self style jurisdiction in enquiring into the applicability of section 11(4A), in respect of the present year - Whether Forum below, have again erred, as to applicability of section 11 (4A), which he has simply concurred with the findings of the Assessing Officers. And it was never being a fact that the appellant assessee did not want to avail the exemption U/s 11(4A)? - HELD THAT:- issue raised by the assessee in ground Nos.2 & 3 has already been decided by the Hon’ble Jurisdictional High Court in assessee’s own case r [2003 (1) TMI 27 - ORISSA HIGH COURT] in favour of the assessee. Therefore, this ground may be allowed as per the decision of the Hon’ble Jurisdictional High Court (supra). Notional income computed on mercantile system - AR drew our attention assessee’s paper book wherein the interim order has been passed by the Tribunal directing both the parties i.e. assessee as well as the department to bring on record as to whether the accrued income for these particulars years have subsequently been accounted by the assessee in other assessment years on cash basis or not. Our attention was also drawn regarding reply filed by the department in compliance of the direction issued by the Tribunal on 05.05.2008, wherein the department has expressed its inability to verify the voluminous documents; more specifically the verifications of the documents to be made are not in possession of the department. It was also stated by the department in the said letter that verification by the AO regarding the incomes accrued to the assessee cannot be possible to be done by the AO alone. Without going much into the merits of the case and delving into the assessment year under consideration along with the year of appeal, we are of the substantive opinion that when the department itself has expressed its inability to verify the documents as had been directed by the Tribunal vide its order dated 05.05.2008, either on account of voluminous documents or for any other reason whatsoever, hence the contentions of the assessee cannot be rebutted or curtailed by the revenue, therefore, the assessee cannot be kept in abeyance from getting justice which he deserves. Accordingly, we allow the ground No.4 of appeal of the assessee.
|