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TMI Blog2012 (10) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... Saxena, Advocate for the revenue. Ajay Kumar Mittal, J. CM No.8554 of 2012 1. Rejoinder to the written statement is taken on record. Civil Miscellaneous application stands disposed of. CWP No.1391 of 2012 2. The petitioner claims that it is a charitable institution and is entitled for benefit under Section 10(23C) (iiiad) of the Income Tax Act, 1961 (in short, "the Act"). Through the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of Punjab and Indian Nursing Council, Delhi. On 27.9.2010, Annexure P.2, application in Form No.56D supported with documents praying for grant of exemption for the period from 31.3.2010 to 31.3.2013 under Section 10(23C) (iiiad) of the Act was made. On 11.8.2011, Annexure P.5, notice was issued to the petitioner requiring it to produce the books of account for the period financial years 2009-1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of surplus funds for the assessment years 2006-07 to 2010-11 and whether it was applying its profits wholly and exclusively for the objects for which it was established. According to the learned counsel, respondent No.3 had recorded that the assessee had not given any details with regard to the aforesaid information which could have been examined by respondent No.3 while adjudicating the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r details were duly submitted on record. The learned AO never found any discrepancy, nor she has made any local enquiries by visiting the institution which is reputed and well know in Punjab. There is no violation of any object nor there any commercial activity. The petitioner therefore awaited fair justice. However, we are shocked to find now that the learned AO did not recommend the exemption. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . After hearing learned counsel for the parties and perusing the record, in the interest of justice, we consider it appropriate to remand the matter to respondent No.3 to adjudicate the same after affording an opportunity to the petitioner to produce the books of account including balance sheets and it shall be open for respondent No.3 to pass a fresh order after examining the relevant record so p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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