TMI Blog2018 (6) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... he part of the applicant assessee justifies shifting of grant of approval from A.Y. 2016-17 to A.Y. 2017-18, when otherwise the applicant assessee has been found eligible for grant of approval and has also filed application for the same within time for approval from A.Y. 2016-17, we fail to understand. In the absence of any justifiable reason for shifting the grant of approval to A.Y.2017-18 when otherwise the applicant assessee was eligible for approval from A.Y. 2016-17, we direct the Ld.CIT(E) to grant approval to the applicant assessee from A.Y. 2016-17 onwards. - Decided in favour of assessee. - ITA No.1540/Chd/2017 - - - Dated:- 6-4-2018 - Ms.Diva Singh, Judicial Member And Ms.Annapurna Gupta, Accountant Member Appellant by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Ld.CIT(E) at point No. xvii) stated for financial year 2015-16 relevant to assessment year 2016-17 the total receipts of the applicant/assessee had exceeded ₹ 1 crore and the assessee had filed its return of income on 30.3.2017 claiming exemption u/s 10(23C) though approval had not been granted to it. In that light the Ld.CIT(E) had granted approval from assessment year 2017-18 only. The relevant point No.xvii) is reproduced hereunder: xvii) the Audit Report for the financial year 2015-16 reveals that the applicant has been in receipt of total income at ₹ 1,29,52,078/-(in excess of Rs.One crore) and has claimed exemption by filing its ITR on 30.03.2017, despite approval u/s 10(23C)(vi) not being available. In that light, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o was pointed out to us as stating as under: 10(23C) Provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of June,2006 for purposes of grant of exemption or continuance thereof, such application shall be made on or before the 30th day of September of the relevant assessment year from which exemption is sought 6. In the impugned case, the Ld. counsel for assessee pointed out, the assessee had sought exemption for assessment year 2016-17 and the application had been filed on 27-09-16, i.e. before 30.9.2016 of the relevant assessment year, therefore, the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pproval from A.Y. 2016-17 to A.Y. 2017-18, when otherwise the applicant assessee has been found eligible for grant of approval and has also filed application for the same within time for approval from A.Y. 2016-17, we fail to understand. Ld.CIT(E) has also not elaborated on the issue but has abruptly stated that on account of aforesaid act of the assessee the approval is granted w.e.f. A.Y. 2017-18. By no stretch of logic, this act of the applicant assessee renders its activities ingenuine in A.Y. 2016-17.In fact, we find, the applicant assessee has justifiably explained the reason for doing so as the same was prompted on account of the inordinate delay on the part of the Ld.CIT(E) in granting approval to the assessee and the assessees retu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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