9911796707
TMI Blog2011 (12) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... uch approval, which in turn would have entitled the petitioner-trust to avail exemption from the income-tax as per the said provision of s. 10(23C) of the Act. 2. Learned counsel for the petitioner-assessee, keeping open other contentions, essentially made a limited prayer and emphasized that the petitioner was not given proper and adequate opportunity of hearing in compliance of principles of natural justice in true sense and merely on the basis of allegations made against the petitioner-trust, without allowing the petitioner-assessee to controvert the adverse material allegedly collected by the Revenue authorities in a survey conducted at the premises of the petitioner under s. 133A of the Act on 29th Nov., 2006 and subsequently t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies denied the same on the ground of same survey under s. 133A of the Act, contesting the appeal before the learned Tribunal. However, the learned Tribunal finally allowed the assessee's appeal vide order dt. 18th Nov., 2008, copy whereof has been placed on record as Annex. 3. 5. On the other hand, Mr. K.K. Bissa, learned counsel for the Revenue urged that the petitioner-trust was not an educational institution running for educational purposes and profit motive could be inferred from the nature of the allegations like withdrawal from the salary accounts of the teachers made through employees of the petitioner-trust, large sums withdrawn from the teachers' bank account amounted to anonymous donations in view of fifteenth proviso to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven by the respondent, the petitioner submitted its detailed reply on 11th Feb., 2009 giving the explanation to all the allegations raised against the petitioner-trust; however, the adverse material on the basis of which such allegations were made, does not appear to have been fully supplied to the petitioner-trust, still relying upon the same material, adverse findings have been arrived by the learned Chief CIT. This, in the opinion of this Court, falls short of the meeting of the requirement of the principles of natural justice. While the power of learned Chief CIT to arrive at such findings after properly and duly allowing the opportunity of hearing and supplying the adverse material to the petitioner-trust is not in doubt but at the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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