TMI Blog2019 (3) TMI 1348X X X X Extracts X X X X X X X X Extracts X X X X ..... n u/s 12AA on 11.7.2014 effective from 1.4.2013 whereas the appellate order framed by CIT(A) is dated 23.5.2014, therefore CIT(A) had no occasion to adjudicate this issue as it did not arise till the time of finalisation of appellate order. Before us the revenue has not disputed the objects of the society as mentioned in the bye-laws placed at page 3 to 6 which remain unchanged since its inception. Registration u/s 12AA of the Act have been granted by Ld.CIT, Bhopal on the basis of the objects mentioned in the bye-laws. Therefore following the judgment of CIT V/s Tolaram Somal [2006 (3) TMI 136 - MADHYA PRADESH HIGH COURT] are bound to hold that the additional legal ground which has been taken before us for the first time and which go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urn of income for Assessment Year 2007-08 filed declaring NIL income after claiming exemption u/s 10(23C)(iiiad) of the Act. The case was selected for scrutiny and notice u/s 143(2) of the Act was issued on 20.02.2013. A notice u/s 142(1) of the Act with a detailed questionnaire was also served upon the assessee on 25.02.2013. Ld. Assessing Officer (In short Ld. A.O) after considering the submissions of the assessee adopted a view that the assessee is not eligible for exemption u/s 10(23C)(iiiad) of the Act as it is not existing solely for the educational purposes because in the objects of the society as contained in the bye-laws, apart from object of imparting education various other objects relating to population control, environmental pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tified in holding that the appellant society did not satisfy the condition that the appellant should have existed for education purposes only and not for profits. 5. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals-I), Bhopal is not justified in not quashing the finding of charging interests u/s 234A and 234B of the Income Tax Act, 1961. 6. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax (Appeals-I), Bhopal is not justified in not quashing the direction of Id.AO to start / initiate penalty u/s 271 (1) (c) of the Income Tax Act, 1961. The appellant craves leave to amend, alter, add any ground of appeal and / or raise any other ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs of Ld. CIT(A) of not providing the benefit of exemption u/s 10(23C)(iiiad) of the Act. Along with this issue the assessee has also raised the third alternative issue by taking an additional ground submitting that the appellant society has been granted registration u/s 12AA of the Act subsequently w.e.f. 1.4.2013 and the income of the appellant society would be exempt u/s 11 12 for the preceding years also including the year under appeal i.e. Assessment Year 2007-08 also. 7. From perusal of Form No.35 filed by the assessee before Ld. CIT(A) we observe that the additional ground raised before us has not been raised before Ld. CIT(A). The reason for not raising this additional ground is that the assessee was granted registration u/s 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
