9911796707
TMI Blog2019 (12) TMI 700X X X X Extracts X X X X X X X X Extracts X X X X ..... J. (Oral) 1. This appeal has been filed under Section 260A of the Income Tax Act, 1961 (for short 'the Act') against the order dated 5.9.2018 of the Income Tax Appellate Tribunal, Chandigarh Benches 'B' Chandigarh in ITA No. 1676/CHD/2017 reversing that of the Commissioner and thereby allowing an application under Section 12AA of the Act. The appellant has raised the following s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pted by the assessee by which it has shown the receipts under different heads in receipt and payment account in way to reduce the actual receipts ? 3. Whether on the facts and circumstances of the case, the Hon'ble ITAT is right in merely stating that the over a period of time claiming benefit u/s 10(23C)(iiiad) does not deter the assessee from making application for registration u/s 12A wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties as the assessee produced incorrect accounts wherein using netting method with a intention to reduce the actual receipts under different heads in receipt and payment account ? 6. Whether on the facts and circumstances of the case, the order of the Appellate Tribunal is contrary to the evidence and material on the record of the case and therefore, perverse ?" 2. A few facts necessary for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transpired was it had received a sum of Rs. 20 lakhs odd on account of school bus charges and had spent a sum of Rs. 17 lakhs odd on its running and had instead of reflecting this correctly, had reflected only Rs. 3.20 lakhs. On this basis, the Commissioner held that the activities of respondent were not genuine. The Tribunal found that even if this anomaly was there in accounting yet this could b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind of fee it could generate, and the salaries which were paid, were proportionate. We have also noticed that apart from this anomaly in the accounting of the money, the Commissioner has not held that the respondent was either diverting any money or was generating any cash income (beyond that which has been prescribed in the prospectus) or any other thing which would impinge on its character as a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
