TMI Blog2018 (2) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee society should have moved separate appeal to appropriate authority against the rejection order dated 28.3.2016 u/s. 12AA(1)(b)(ii) of the CIT(E), Lucknow. After considering the facts and circumstances of the case, we are of the considered view that the impugned order is contrary to the law and facts on the file, hence, is not sustainable in the eyes of law. The impugned order is contrary to the law and facts on the file, hence, is not sustainable in the eyes of law. Therefore, in the interest of justice, we are setting aside the issue in dispute to the file of the Ld. CIT(A) to thoroughly consider the contention raised in the grounds of appeal raised by the Revenue - Appeal filed by the Revenue stands allowed for statistical purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT. of CIT(Exemption), Lucknow and treated the society as trust with all the benefits of exemption till AO receives a formal copy of order granting the registration. Addition on account of Income over expenditure as shown in the I E A/c amounting to ₹ 1,24;-53,625; and addition on account of entire amount of. ₹ 25,00,000/: received as Corpus fund in absence of registration u/s 12Aof IT Act, 1961-were impliedly directed to be deleted by ignoring the factual, finding of the CIT(Exemption) rejection order dated 28.03.2016 u/s 12AA(1)(b)(ii) of IT.Act, 1961. 3. Facts narrated by the revenue authorities are not disputed here, hence, the same are not repeated here for the sake of brevity. 4. Ld. DR relied upon the Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication moved for the registration u/s. 12A but it could not produce the registration certificate u/s. 12A of the Act granted to it. The registration u/s. 12A of the Act is not available to the assessee for the year under consideration i.e. for the AY 2013-14. Accordingly, the income of the assessee was assessed in the status of AOP. During the course of assessment proceedings, the assessee was engaged in running educational institution. The assessee has shown gross receipts of ₹ 5,55,29,806/- and shown excess of income over expenditure of ₹ 1,28,66,308/-. During the course of assessment proceedings AO noticed that assessee society has received corpus funds of ₹ 25,20,000/- during the year under consideration which has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim of the applicant for registration us/12AA on basis-of form no 1OA claimed to have been filed before JCIT-1, Kanpur on 22.08.2008 has been found to be false and assessee was not granted registration u/s 12A. Assessee society should have moved separate appeal to appropriate authority against the rejection order dated 28.3.2016 u/s. 12AA(1)(b)(ii) of the I.T. Act of the Ld. CIT(E), Lucknow. After considering the facts and circumstances of the case, we are of the considered view that the impugned order is contrary to the law and facts on the file, hence, is not sustainable in the eyes of law. Therefore, in the interest of justice, we are setting aside the issue in dispute to the file of the Ld. CIT(A) to thoroughly consider the contentio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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