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2021 (9) TMI 883 - AT - Income TaxExemption u/s 11 - addition of the Corpus Donation and considering that the same was not for specific purposes and was a revenue receipt - registration under section 12A was not available at the time of assessment proceedings - HELD THAT:- It is an admitted fact that the A.O. disallowed the claim of the assessee for the reasons that the assessee did not furnish the evidence relating to the registration under section 12AA - He also mentioned that he had not examined the details and also did not call for specifically the same, in the absence of registration under section 12AA. In the present case, CIT(A) pointed out that the assessee had not furnished the confirmation of donors regarding donation for specific purpose. On the contrary the claim of Assessee was that the details were furnished before the A.O. and the assessee was having the registration under section 12AA - therefore we deem it appropriate to remand this issue back to the file of the A.O. to be adjudicated afresh in accordance with law after providing due and reasonable of being heard to the assessee. Amount spent on construction of the capital funds claimed to be application of receipts which was not allowed - HELD THAT:- In the present case it is an admitted fact that the assessee reduced the amount of the assessee's paper book and if the assessee had not reduced the said amount then it could have been shown separately on the asset side and the capital funds was to be increased by the same amount. Objection of the Department that the assessee was not having any land, the Ld. CIT(A) mentioned that the assessee has filed a copy of certificate mentioning therein that the land being used by school belonged to the society Hindu Shiksha Samiti, Haryana and the land and building thereon will devolve to the Hindu Shiksha Samiti without any payment on closure of the school which clearly shows that the assessee was the owner of the building till the closure of the school and the said building would be handed over to Hindu Shiksha Samiti without any payment only on closure of school. This fact was not appreciated either by the A.O. or by the Ld. CIT(A) - We deem it appropriate to set aside this issue back to the file of the A.O. for proper verification. Appeal of the assessee is allowed for statistical purposes.
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