TMI Blog2018 (3) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... essee had not raised any grounds on said issue before the CIT(A). Therefore, the issues raised as regards the computation of income does not arise out of the order of the CIT(A). The issues that does not arise out of the order of CIT(A) cannot be subject matter of adjudication by the Tribunal unless it is a pure question of law or issues, which does not require examination of fresh facts. In the instant case, the issue raised for the first time with reference to computation of income is not a legal issue, but a pure factual issue, which were never agitated before the A.O. nor the CIT(A). Therefore, the issue of computation of income cannot be raised for the first time before the Tribunal. Hence, the grounds relating to the computation of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) further held that assessee is not entitled to benefit of Sec.10(20) of the I.T.Act as assessee cannot be considered as a local authority. 4. Aggrieved by the orders of the CIT(A), the assessee had filed the present appeals before the Tribunal. The assessee has raised identical grounds for A.Ys 2011-2012 and 2012- 2013, except for variance in figures. Hence grounds relating to A.Ys 2011-2012 are reproduced below:- 1. CIT (A) dismissed the appeal on the ground that the appellant's activity is not qualify to be charitable purpose and it is not a local authority as defined in the Constitution of India, hence not eligible for exemption U/S 10 (20). 2. The CIT (A) has not considered the broad object explained in the Town P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns the power of Land Acquisition coupled with power conferred under Land Acquisition Act. Chapter IX-A, comprising Sec. 53 A to S3 I explains the constitution of the Appellant. 5. We again humbly submit that, it is very important to consider the object specified in 3 (m) which is reproduced below; The preservation of objects and building of archaeological or historic interest or of natural beauty or actually used for religious purposes or regarded by the public with special religious veneration. 6. Among other objects specified in Sec. 3(a) to 3(q) of said Act, 3(m) is very important with regard to Sec. 2(15) of Income Tax Act, 1961 as it covers object of preservation of environment and preservation of monuments or places ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Income ₹ 2,90,87,171.82, against which NIL income was filed, after claiming exemption u/s 11. The A.O has denied expenditure of ₹ 8,00,00,000 which was not justified in the assessment order, the same was also upheld in appeal. 8. The A.O has wrongly stated that Rs .15,00,00,000 was given to Vyttila Mobility Hub .but the appellant have paid ₹ 7,50,00,000.00 as interest free loan, which is separately shown the accounts. 9. We further submit that appellant's registration U/s 12 A is still in force and not cancelled by the Dept., and the status was accepted. There are no changes in the activities carried on by the appellant. The appellant is the back bone of developing Kochi as an important town in India and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t u/s 147 was further reduced the prepaid taxes to ₹ 55,02,439.00, thereby prepaid taxes are reduced by ₹ 5,50,241.00, for which no justification was given the order. We plea before the Tribunal to allow the prepaid taxes rejected, with interest. 14. We also submit before the Tribunal that the Object of the appellant covers wide area of activities including charitable purpose as per Sec.2(15). We request that the validity of object 3 (m) of the said Act with Charitable Purpose defined in the Income Tax Act. 15. We also request the Tribunal to allow other grounds which is just and proper to establish the claim of the appellant. 5. As regards grounds relating to exemption u/s 11 of the I.T.Act, the learned AR fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of income does not arise out of the order of the CIT(A). The issues that does not arise out of the order of CIT(A) cannot be subject matter of adjudication by the Tribunal unless it is a pure question of law or issues, which does not require examination of fresh facts. In the instant case, the issue raised for the first time with reference to computation of income is not a legal issue, but a pure factual issue, which were never agitated before the A.O. nor the CIT(A). Therefore, the issue of computation of income cannot be raised for the first time before the Tribunal. Hence, the grounds relating to the computation of income made by the assessee for A.Ys 2011-2012 and 2012-2013 are rejected. 7. In the result, the appeals filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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